Ramkishan and Others. vs State of M.P.

N.K. Gupta, J.—By way of this petition u/s 482 of Cr.P.C. the applicants have challenged the registration of Crime No. 204/2012 at Police Station Themi District Narsinghpur for the offence u/s 306/34 of IPC. The prosecution story, in short, is that the deceased Bhagwandas Bairagi had committed suicide on 15.7.2012. The brother and relatives of the deceased had stated that one day prior to the incident, a quarrel took place between the applicants and the deceased in which the applicants abused the deceased with obscene words, and therefore he committed suicide. After due investigation, a charge sheet was filed before the competent Court and the case is committed to the Sessions Court.

I have heard the learned counsel for the parties.

After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, it would be apparent that there was no relation of the applicants with the deceased so that presumption u/s 113A of the Evidence Act may apply. The sole allegation made against the applicants is that they abused the deceased with obscene words. There is no allegation that the applicants tried to abet the deceased to commit suicide. The allegations made by the applicants do not fall within the purview of Section 107 or 109 of IPC, and therefore prima facie no offence u/s 306 of IPC is made out against any of the applicants.

Also if the deceased was kept in such a position that he had no option except to commit suicide, then certainly charges of Section 306 of IPC could be framed against the accused persons, who put the deceased in such a situation. In the present case, it is claimed by the brother and relatives of the deceased that the deceased informed them that he wanted to commit suicide due to abuse given by the applicants, and therefore even the brother of the deceased and other relatives had an opportunity to lodge an FIR against the applicants and to stop the deceased to commit suicide. The deceased had redressal to the overt-acts of the applicants, but he committed suicide in a sentimental manner. Under such circumstances, prima facie it cannot be said that the applicants kept the deceased in such a position that he had no option except to commit suicide. Under such circumstances, no offence u/s 306 of IPC is made out against the applicants.

On the basis of the aforesaid discussion, it would be apparent that no offence u/s 306 of IPC is made out against the applicants in any manner, and therefore due to sentimental death of the deceased, they cannot be prosecuted for the offence u/s 306 of IPC either directly or with the help of Section 34 of IPC. It is a good case in which registration of crime may be quashed by inherent powers of this Court u/s 482 of Cr.P.C. Consequently, the present petition filed by the applicants u/s 482 of Cr.P.C. is hereby allowed. The registration of Crime No. 204/2012 at Police Station Themi District Narsinghpur for the offence u/s 306/34 of IPC is hereby quashed. Accordingly, the trial Court is directed to drop the proceedings against the present applicants.

A copy of this order be sent to the Sessions Court, Narsinghpur so that it may be complied with. Certified copy as per rules.