Case Note & Summary
The present matter arose from a criminal application filed before the Bombay High Court at Aurangabad, seeking quashing of First Information Report No. 137 of 2016 registered at Udgir (City) Police Station for the offence punishable under Section 306 of the Indian Penal Code. The applicant, Sopan s/o Angadrao Akele, was serving as Block Development Officer at Deoni Panchayat Samitee, District Latur, while the deceased, Vivekanand Yuvraj Shirse, worked as a junior clerk in the same office. The deceased had been facing a departmental inquiry for misappropriation of an amount of Rs. 53,204 and had been repeatedly absent from duties by filing various leave applications. On 29th June 2016, the applicant issued a show-cause notice to the deceased, calling upon him to explain why action should not be taken under the Maharashtra Zilla Parishad Services Act for his absenteeism and failure to perform duties. On 5th July 2016, the deceased committed suicide by hanging himself to a ceiling fan at his residence. His wife, the second respondent, lodged a complaint alleging that the deceased was driven to suicide due to mental harassment caused by the applicant, leading to the registration of the FIR. The applicant contended that the show-cause notice was part of his official duty and that no material existed to show any intention to instigate or abet the suicide. He emphasized that the deceased had himself been guilty of misconduct and that his guilty conscience might have led him to take the extreme step. It was also pointed out that no suicide note was recovered and that the statement of the informant did not disclose any abetment. The applicant relied on the Supreme Court decisions in Madan Mohan Singh v. State of Gujarat and State of Kerala v. S. Unnikrishnan Nair, among others, which held that for an offence under Section 306 IPC, a clear intention to aid or instigate the suicide is essential. The prosecution and the second respondent, on the other hand, argued that the applicant had persistently harassed the deceased, the show-cause notice was issued with malafide intent, and the demand for a reply within twenty-four hours created unbearable pressure, thereby constituting abetment. After considering the submissions and the investigation papers, the Court found that the essential ingredients of Section 306 IPC were not made out. It noted that the show-cause notice was issued in the applicant's official capacity and there was no specific allegation or material of definite nature indicating that the applicant had intended to abet the suicide. Relying on the principle that unless there is clear evidence of instigation or intentional aiding, a person cannot be subjected to trial under Section 306 IPC, the Court allowed the application and quashed the FIR. Rule was made absolute accordingly.
Headnote
A) Criminal Law - Abetment of Suicide - Indian Penal Code, 1860, Section 306 - Quashing of FIR - Where the applicant, a Block Development Officer, issued a show-cause notice to the deceased, a junior clerk, in his official capacity due to unauthorized absence and pending departmental inquiry, and the deceased later committed suicide, held that the FIR under Section 306 IPC was liable to be quashed as the essential ingredients of abetment were not made out. The Court observed that the intention to aid, instigate, or abet the suicide must be present, and in the absence of specific allegations and material of definite nature, it would be hazardous to subject the accused to trial. The mere issuance of a show-cause notice in the course of official duty does not constitute abetment. Reliance placed on Madan Mohan Singh v. State of Gujarat (2010) and other precedents. (Paras 4, 7, 8).
Issue of Consideration
Whether the First Information Report No. 137 of 2016 registered under Section 306 of the Indian Penal Code against the applicant should be quashed.
Final Decision
The application is allowed. First Information Report No. 137 of 2016 registered against the applicant at Udgir (City) Police Station for the offence punishable under Section 306 IPC is quashed and set aside.
Law Points
- Section 306 IPC requires intention to abet suicide
- mere show cause notice in official capacity does not amount to abetment
- quashing of FIR when allegations do not disclose offence
