Application filed under Section 482 of the Criminal Procedure Code for quashing the FIR and proceedings under Section 306 of the IPC (abetment to suicide). The deceased, Prashant, had lent money to the applicant (Ramrao), and upon non-repayment, committed suicide. A video recording, considered a suicide note, blamed Ramrao for the suicide. The court, however, found that the ingredients of abetment under Section 306 IPC were not met. Consequently, the FIR and proceedings against the applicant were quashed.

1. Filing of Application
The applicant sought to quash an FIR lodged under Section 306 of the Indian Penal Code for abetting the suicide of Prashant, who had lent him money (Para 2).

2. Deceased’s Financial Troubles
Prashant had borrowed money from friends and gave it to the applicant (around ₹5,50,000). The applicant became bankrupt, refused to return the money, leading Prashant into distress (Para 4).

3. Video Suicide Note
Prashant recorded a video before his death, blaming the applicant for non-repayment of money and expressing his mental turmoil, but also stated that he was not pressured by anyone to commit suicide (Para 9).

4. Legal Precedents Cited
The applicant’s counsel cited several rulings (e.g., Vaijnath Kondiba Khandre vs State of Maharashtra) emphasizing that financial disputes alone do not amount to abetment of suicide unless there's active incitement or instigation (Para 5, 6).

5. Quashing of FIR
The court held that the evidence (video recording and statements) did not prove that the applicant directly instigated the suicide. Therefore, the FIR and proceedings were quashed (Para 14).

Ratios:

1. Financial Transactions Do Not Constitute Abetment to Suicide
The court emphasized that simply failing to repay a debt, without any direct incitement or instigation, does not fulfill the criteria of abetment under Section 306 IPC.

2. Requirement of Instigation under Section 306 IPC
The court referred to prior Supreme Court rulings to reiterate that instigation must involve goading, urging, or encouraging the act of suicide. In this case, no such actions were proven against the applicant.

3. Evidence and Mens Rea
The video recording did not show any coercion or intention on the part of the applicant to drive the deceased to commit suicide. Mens rea (intent) to abet the suicide was lacking, leading to the quashing of the case.

Acts and Sections Discussed:

• Indian Penal Code (IPC):
  • Section 306 (Abetment to Suicide): Discussed in the context of what constitutes "instigation" or "abetment."
  • Section 107 (Abetment of a thing): Referred to understand the legal definition of abetment.
• Criminal Procedure Code (CrPC):
  • Section 482 (Inherent Powers of the High Court): The court used this provision to quash the FIR and proceedings.

Subjects:

• Abetment to Suicide
• Section 306 IPC
• Quashing of FIR
• Mental Distress
• Non-repayment of Debt
• Financial Transactions
• Criminal Law