THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.6023 OF 2022
ORDER:
1. This Criminal Petition is filed seeking to quash the proceedings against the petitioner/A2 in PRC No.113 of 2021 on the file of VIII Additional Metropolitan Magistrate at Kukatpally, Cyberabad.
2. Heard learned counsel for the petitioner and Sri S.Sudershan, learned Additional Public Prosecutor for the 1st respondent - State.
3. The 2nd respondent, who is the mother of the deceased, filed a complaint stating that her daughter fell in love with A1. Both of them were talking on regular basis and when it was known that A1 had relationship with another girl, the deceased stopped talking to him. However, A1 admitted that he would not commit such mistake. The complainant further stated that this petitioner, who is the girl friend of A1 started sending messages and insulted the deceased stating that her character was not good. Specifically, the message saying that 'neevu character lenidanivi, enduku nee brathuku,nuvvu brathiki labamu ledu' (you are characterless person and there is no use of your life). According to the 2 investigation, the deceased committed suicide and these messages were two days prior in time to the said suicide.
4. Learned counsel appearing for the petitioner would submit that even admitting that certain messages were sent, it would not fall within the meaning of Section 306 of IPC. In support of his contention, he relied on the judgment of this Court in the case of P.Srinivasulu v. State of Andhra Pradesh1. In the said judgment, this Court held that mere abuse will not amount to abetment unless something more has been done in pursuance of the said act of abuse.
5. On the other hand, learned Additional Public Prosecutor appearing for the 1st respondent/State would submit that the petitioner was complicit of sending messages stating that the deceased was a characterless woman and there was no use of continuing with her life. For the said reason of humiliating her, the deceased got vexed and committed suicide.
6. Under Section 107 of IPC, if any person instigates or engages with one or more persons and intentionally aids, by any act or illegal omission, the doing of such thing amounts to an offence of 1 2004 LawSuit (AP) 121 3 abetment. In the present case, the allegation against this petitioner is that telephonic messages were sent saying that the deceased did not have character and her life was useless. Sending abusive messages in whatsoever manner will not amount to abetment to commit suicide. At most, the said abusive language used to send messages may amount to an offence of defamation. However, sending such messages will not amount to intentional aiding a person to commit suicide. For the said reasons, even accepting the version of the prosecution that abusive messages were sent on phone by this petitioner saying that the deceased was a characterless woman, no offence under Section 306 of IPC is made out.
7. In the result, the proceedings against this petitioner/A2 in PRC No.113 of 2021 on the file of VIII Additional Metropolitan Magistrate at Kukatpally, Cyberabad, are hereby quashed.
9. Accordingly, the Criminal Petition is allowed. Miscellaneous applications pending, if any, shall stand closed.
_________________ K.SURENDER, J Date:20.02.2023 kvs 4 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.6023 OF 2022 Dt. 20.02.2023 kvs 5