Case Note & Summary
The petitioner, Poonam Brijmohansingh Bhadoriya, filed a petition under Article 226 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking quashing of FIR No. 11210048260191 of 2026 registered at Umra Police Station, Surat, for offences under Sections 108 and 308(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). The FIR was lodged on 21.02.2026 alleging abetment of suicide of the deceased who died on 31.01.2026. The petitioner argued that the FIR was lodged after an unexplained delay of 21 days, and that she had herself submitted an application to the Commissioner of Police on 07.02.2026 stating that the deceased had committed suicide between 6 to 8 pm on 31.01.2026. The court noted that the FIR was lodged after 21 days from the date of incident, and the petitioner had already informed the police about the suicide earlier. The court held that the delay was inordinate and unexplained, and that there was no proximity between the alleged act of the petitioner and the suicide. Relying on the principle that for abetment of suicide under Section 108 BNS, there must be a direct and proximate link, the court found that the FIR did not disclose any such proximity. Consequently, the court quashed the FIR and all consequential proceedings, and directed the release of the petitioner from judicial custody forthwith.
Headnote
A) Criminal Procedure - Quashing of FIR - Delay in Lodging FIR - Section 528 BNSS, Article 226 Constitution - FIR lodged 21 days after suicide held not proximate and liable to be quashed - Court held that the unexplained delay of 21 days in lodging FIR for abetment of suicide vitiates the prosecution and the FIR is liable to be quashed (Paras 5-8). B) Criminal Law - Abetment of Suicide - Ingredients - Section 108 BNS - Proximity required - Court held that for an offence under Section 108 BNS, there must be a direct and proximate link between the alleged act and the suicide; mere delay and lack of proximity justify quashing (Paras 5-8).
Issue of Consideration
Whether the FIR for abetment of suicide can be quashed due to inordinate delay in lodging and lack of proximity between the alleged act and suicide?
Final Decision
The court allowed the petition, quashed FIR No. 11210048260191 of 2026 and all consequential proceedings, and directed the jail authorities to release the petitioner forthwith.
Law Points
- Delay in lodging FIR
- lack of proximity to suicide
- quashing of FIR under Article 226 and Section 528 BNSS
- abetment of suicide ingredients
