Case Note & Summary
The applicant, Ku. Sakshi Satish Bajoriya, filed a criminal application under Section 482 CrPC seeking quashing of FIR No. 123/2017 registered at Police Station Pandharkawada for offence under Section 306 IPC. The FIR was lodged by non-applicant No.2, mother of deceased Vedant, alleging that her son committed suicide due to chatting/talking with the applicant on Facebook and WhatsApp. The applicant contended that the FIR did not disclose any instigation or abetment. The court examined the report and found that it only stated that the deceased was in love with the applicant and had been chatting for one and a half years. There was no allegation of any instigation, harassment, or positive act by the applicant that drove the deceased to suicide. The court held that even assuming the deceased had a love affair, that alone is insufficient to constitute abetment of suicide. The FIR was quashed and set aside.
Headnote
A) Criminal Law - Abetment of Suicide - Section 306 Indian Penal Code, 1860 - Quashing of FIR - The applicant challenged FIR alleging abetment of suicide based on Facebook chatting with deceased. Court held that mere love affair or chatting does not constitute instigation to commit suicide. FIR quashed as no ingredients of Section 306 IPC made out even on face value of complaint (Paras 2-7).
Issue of Consideration
Whether a FIR for abetment of suicide under Section 306 IPC can be sustained when the deceased was in love with the applicant and there is no allegation of instigation or harassment.
Final Decision
Application allowed. FIR registered by non-applicant No.1 Police Station Pandharkawada on report of non-applicant No.2 for offence under Section 306 IPC is quashed and set aside.
Law Points
- Abetment of suicide requires instigation
- not mere love affair
- Section 306 IPC not attracted without mens rea or active provocation
