Case Note & Summary
The judgment pertains to two criminal applications filed by accused persons seeking quashing of FIR No. 85 of 2016 registered at Begumpura Police Station, Aurangabad for offence under Section 306 read with 34 of the Indian Penal Code. The informant, son of the deceased, alleged that on 16-04-2016, his father told him that while sitting on a raised platform, accused No.2 (Dhaknebai) asked him why he was staring at her, which he denied. The informant advised his father not to pay attention. A meeting was called on 30-04-2016 to resolve the misunderstanding. Subsequently, the deceased committed suicide. The court considered whether the allegations constitute abetment to suicide. The court held that there is no material to show that the accused instigated or abetted the deceased to commit suicide. The mere allegation of staring, without any further act, does not attract Section 306 IPC. The court quashed the FIR against both applicants.
Headnote
A) Criminal Law - Abetment to Suicide - Section 306 IPC - Quashing of FIR - Allegation of staring at accused woman leading to suicide - No evidence of instigation or abetment - Held that mere allegation of staring without any act of instigation or abetment does not constitute offence under Section 306 IPC - FIR quashed (Paras 1-5).
Issue of Consideration
Whether the FIR for offence under Section 306 read with 34 IPC can be quashed when there is no material to show instigation or abetment by the accused.
Final Decision
Both criminal applications are allowed. FIR No. 85 of 2016 registered with Begumpura Police Station, Aurangabad for offence under Section 306 read with 34 IPC is quashed.
Law Points
- Abetment to suicide
- Section 306 IPC
- Quashing of FIR
- Instigation
- Mens rea
- Criminal proceedings abuse of process
