Bombay High Court

Sadhana Rajesh Shende @ Sadhana ... vs The State Of Maharashtra Thr. Pso, ... on 19 September, 2024

Author: Vinay Joshi

Bench: Vinay Joshi

2024:BHC-NAG:10718-DB




                                                    1                       apl905.2024

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH : NAGPUR

                    (1) CRIMINAL APPLICATION (APL) NO.905/2024

              Snehal W/o Amit Nimbhorkar,
              aged about 36 Yrs., Occ. Private Job,
              R/o Santaji Nagar, Nr. Shankar Nagar,
              Amravati, Tq. & Distt. Amravati.             ...            Applicant
                    - Versus -
              1.   The State of Maharashtra,
                   through P.S.O. Kholapuri Gate,
                   Tq. & Distt. Amravati.

              2.   Sujeet Gangaram Rathod,
                   aged about 45 Yrs., R/o Balaji Nagar,
                   Near Gadgadeshwar Temple,
                   Amravati, Tq. & Distt. Amravati.              ...   Non-applicants.

                                            AND
                    (2) CRIMINAL APPLICATION (APL) NO.904/2024

              Sadhana Rajesh Shende @ Sadhana
              Haribhau Bagmare,
              aged about 58 Yrs., Occ. Principal,
              R/o Gadge Nagar, Amravati,
              Tq. & Distt. Amravati.                       ...            Applicant
                    - Versus -
              1.   The State of Maharashtra,
                   through P.S.O. Kholapuri Gate,
                   Tq. & Distt. Amravati.

              2.   Sujeet Gangaram Rathod,
                   aged about 45 Yrs., R/o Balaji Nagar,
                                      2                        apl905.2024

     Near Gadgadeshwar Temple,
     Amravati, Tq. & Distt. Amravati.              ...   Non-applicants.

                                AND
     (3) CRIMINAL APPLICATION (APL) NO.861/2024

Saroj Narendra Deshpande (Dani),
aged about 53 Yrs., Occ. Service,
R/o Pushpak Colony, Near
Gadgadeshwar Temple, Amravati,
Tq. & Distt. Amravati.                       ...            Applicant
      - Versus -
1.   The State of Maharashtra,
     through P.S.O. Kholapuri Gate,
     Tq. & Distt. Amravati.

2.   Sujeet Gangaram Rathod,
     aged about 45 Yrs., R/o Balaji Nagar,
     Near Gadgadeshwar Temple,
     Amravati, Tq. & Distt. Amravati.              ...   Non-applicants.

            -----------------
Mr. Sawan Alaspurkar, Advocate for the applicant. (in all matters)
Mrs. K.H. Bhondge, A.P.P. for non-applicant No.1. (in all matters)
           ----------------
CORAM: VINAY JOSHI & MRS.VRUSHALI V. JOSHI, JJ.
DATED: 19.9.2024.



JUDGMENT (Per Vrushali V. Joshi, J.)

3 apl905.2024

Heard Mr. Sawan Alaspurkar, Advocate for the

applicant and Mrs. K.H. Bhondge, A.P.P. for non-applicant No.1.

In all matters none appears for non-applicant No.2 though

served. Rule.

2. As the applicants are arraigned as accused on the basis of one and the same F.I.R. i.e. F.I.R. No.0061/2024 these applications are disposed of by common judgment.

3. The applicants in above three applications are

challenging the same F.I.R. i.e. F.I.R. No.0061/2024 registered by

non-applicant No.1 for the offence punishable under Section 306

read with Section 34 of Indian Penal Code and Section 17 of

Right of Children to Free and Compulsory Education Act, 2009.

The applicants are the school Teacher, Principal and the

Invigilator in the school. In all the three applications the

allegations are that a small girl studying in 8 th standard had

committed suicide as she was caught by these applicants while 4 apl905.2024

copying in examination by using a chit. On the basis of F.I.R.

lodged by father of deceased the crime is registered.

4. The facts in brief are as under:-

The deceased Janhavi was studying in 8 th standard in

Scholars Convent, Dasara Maidan, Amravati. On 15.3.2024 she

had committed suicide by jumping from 8th floor of

Radhakrushna Residency, Balaji Nagar, Amravati. The father of

deceased received a phone call, when he was at his workplace,

informing that his daughter is admitted in hospital as she met

with an accident. When he came to hospital, he came to know

that his daughter had committed suicide by jumping from

Radhakrushna Residency. When parents of other students from

said school reached there father of Ayush Awaghad, has told him

that his son informed him about the incident in school that at

about 9 a.m. to 12 p.m. his daughter i.e. Janhavi was solving

Sanskrit paper. During the examination, a chit was found of

Sanskrit subject. Teacher Abmhorkar took said chit and put it on

5 apl905.2024

table. Thereafter Saroj Dani, who is teaching Sanskrit subject,

came there and she asked from whom this chit is found. At that

time, it was informed that it was found with Janhavi Rathod i.e.

deceased. She took her to Principal Sadhna Shende and thus she

was defamed. She was threatened in the room of Principal and

applicants gave threat that they would inform about it to her

parents. The father of said Ayush has told the informant that his

son told him that Dani Madam told about it to other students of

adjacent classroom by going there and stating that the chit was

found in adjacent classroom with Janhavi who was asked to sit in

office for two and half hours. Her answer paper was with the

Principal. The Principal had not considered the psychology of the

child and by pressurising and giving threats to her the deceased

was defamed and she had committed suicide. The F.I.R. was

lodged and the crime is registered against all the three applicants

in these three applications.

5. Learned Advocate for the applicants has stated that

there is no investigation against the Teachers, the allegations are 6 apl905.2024

made that she was asked to sit in the room of Principal but she

was allowed to solve the paper by sitting in said room. The

Teachers have done their duty. They reprimanded her not to do

such illegal acts and to refrain her from doing such activities in

future and asking the other students not to commit such acts it

was unintentionally informed in other classroom. There is no

instigation on the part of the applicants. The ingredients of

offence under Section 306 of I.P.C. are not attracted. Hence

prayed to quash the F.I.R. against all the three applicants.

6. Learned A.P.P. opposed the applications stating that

statements of all students are there. The deceased was defamed.

The offence under Section 17 of Right to Information Act is also

registered against these applicants. Being Teachers they should

have taken care of child and her psychology while giving

understanding to her not to do such act in future. The abetment

is there. They defamed her and it was not tolerated by her and 7 apl905.2024

hence she had immediately committed suicide while going to her

house. Hence prayed to reject the applications.

7. Heard learned Advocates for the parties and perused

the record.

8. While considering the offence under Section 306 of

I.P.C. we have to consider the provisions of Section 306 I.P.C.

which are as under:-

"306. Abetment of suicide.- If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."

9. We have also to consider Section 107 of I.P.C. which

reads as follows:-

"107. Abetment of a thing - A person abets the doing of a thing, who -

First. - Instigates any person to do that thing; or Secondly. - Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of 8 apl905.2024

that conspiracy, and in order to the doing of that thing; or Thirdly. - Intentionally aids, by any act or illegal omission, the doing of that thing.

Explanation 1.- A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.

Explanation 2. -Whoever either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act."

10. In the case of S.S. Cheena V/s. Vijay Kumar Mahajan

and Anr. reported in (2010) 12 SCC 190 it is observed as under:-

"Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. The intention of the legislature and the ratio of the cases decided by the Supreme Court is clear that in order to convict a person under Section 306 IPC there has to be a clear mens rea to commit the offence. It also requires an active act or direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that he committed suicide."

9 apl905.2024

11. For the purpose of finding out if a person has abetted

commission of suicide by another, the consideration would be if

the accused is guilty of the act of instigation of the act of suicide.

As explained and reiterated by this Court in the decision above

referred, instigation means to goad, urge, forward, provoke, incite

or encourage to do an act. If the persons who committed suicide

had been hypersensitive and the action of accused is otherwise not

ordinarily expected to induce a similarly circumstanced person to

commit suicide, it may not be safe to hold the accused guilty of

abetment of suicide. But, on the other hand, if the accused by his

acts and by his continuous course of conduct creates a situation

which leads the deceased perceiving no other option except to

commit suicide, the case may fall within the four-corners of

Section 306 of I.P.C. If the accused plays an active role in

tarnishing self-esteem and self-respect of the victim, which

eventually draws the victim to commit suicide, the accused may

be held guilty of abetment of suicide. The question of mens rea

on the part of the accused in such cases would be examined with 10 apl905.2024

reference to the actual acts and deeds of the accused and if the acts

and deeds are only of such nature where the accused intended

nothing for more than harassment or snap show of anger, a

particular case may fall short of the offence of abetment of suicide.

12. What is required to constitute an alleged abetment of

suicide under Section 306 of I.P.C. is there must be an allegation

of either direct or indirect act of incitement to the commission of

offence of suicide and mere allegations of harassment of the

deceased by another person would not be sufficient in itself unless

there are allegations of such actions on the part of the accused

which compelled the commission of suicide. If the person

committing suicide is hypersensitive and the allegations attributed

to the accused is otherwise not ordinarily expected to induce a

similarly situated person to take the extreme step of committing

suicide, it would be unsafe to hold the accused guilty of abetment

of suicide. Thus, what is required is an examination of every case

on its own facts and circumstances and keeping in consideration 11 apl905.2024

the surrounding circumstances as well, which may have bearing

on the alleged action of the accused and the psyche of the

deceased.

13. In the backdrop of the above discussion, we may now

advert to the facts of the present case to test whether the

ingredients of Section 306 of I.P.C. exist, even prima facie, to

continue with the investigation.

14. On perusal of F.I.R. it appears that the informant who

is the father of the deceased initially came to know about the

accidental death of the daughter. Thereafter parents and the

students informed him about the incident that when deceased was

solving the paper the chit was found in her compass box and the

Invigilator, Class Teacher and the Principal of the school have

taken action. She was scared as one of the friend Aarushi has

stated about it that Janhavi has disclosed that she is afraid of going

to home. She was afraid about the reaction of her parents after

knowing the act committed by her. Learned A.P.P. took us 12 apl905.2024

through the police papers. In statement of Devansh he has

narrated about the incident with Wansh on 13.3.2024 stating that

the chit was found with him on 13 th and teacher reprimanded him

and took his paper for some time. On 15 th the chit was also found

with deceased. Thereafter allegations are made against the

Teacher, Invigilator and Principal. After some time Dani madam

informed all the students that in the adjacent classroom the chit is

found with Janhavi Rathod and if anybody is having chit with

them handover it to Teacher and she went away. As Dani madam

had informed about it to other students the deceased felt it as if

she is defamed. He has also stated that thereafter Janhavi was

sitting in staffroom and the paper was handed over to her. From

the statement of this witness it appears that only because the chit

was found and Dani madam informed about it to other students

the allegations are made about abetment.

15. It is a duty of a Teacher to instil discipline in the

students. It is not uncommon that Teachers reprimand a student

for not being attentive or not being up to the mark in studies or 13 apl905.2024

for bunking classes or not attending the school. The disciplinary

measures adopted by a Teacher or authorities of a school,

reprimanding a students for hir indiscipline, in our considered

opinion, would not tantamount to provoking a student to commit

suicide, unless there are repeated specific allegations of

harassment and insult deliberately without any justifiable cause or

reason. A simple act of reprimand of a student for his behaviour

or for indiscipline by a Teacher, who is under moral obligations to

inculcate the good qualities of a human being in a student would

definitely not amount to instigation or intentionally aid the

commission of a suicide by a student. Under Section 24(e) of

Right of Children to Free and Compulsory Education Act, 2009

it is specifically provided that it is not only a moral duty of a

Teacher but one of a legally assigned duty.

16. In this case all the three applicants have found that

the deceased was cheating in exam. The chit was found and,

therefore, she was taken to staff room and there the paper was

given to her to solve. To alert other students the incident was 14 apl905.2024

informed to them. From the act of teacher it appears that the

intention was not there to defame the deceased. The disciplinary

action taken by the Teachers cannot be said to be abetment as per

Section 107 of I.P.C.

17. The offence under Section 17 of the Right of

Children to Free and Compulsory Education Act 2009 is also

registered. As per this section (1) no child shall be subjected to

physical punishment or harassment, (2) whoever contravenes the

provisions of sub-section (1) shall be liable to disciplinary action

under the service rules applicable to such person. In this case as

there is no mental harassment as for the future good conduct of

the child/student the Teaching staff have taken action not to do

wrong things which cannot be termed as mental or physical

harassment as per Section 17. Hence no offence is made out

against the applicants under Section 17 of said Act.

15 apl905.2024

18. As per the observations made in State of Haryana and

Ors. V/s. Bhajan Lal and Ors. reported in (1992) Supp (1) SCC

335 the Hon'ble Supreme Court has laid down following

categories of cases wherein such power could be exercised either

to prevent abuse of process of Court or otherwise secure the ends

of justice.

"(1) where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

(2) where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

(3) where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

(4) where the allegations in the FIR do not constitute a cognizable offence but constitute only a non-

cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

16 apl905.2024

(5) where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

(6) where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

(7) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."

19. In the case of M/s. Zandu Pharmaceuticals Works

Ltd. and Ors. V/s. Mohd. Sharaful Haque and Anr. reported in

(2005) 1 SCC 122 this Court has observed as under:-

"It would be an abuse of process of the court to allow any action which would result in injustice and prevent promotion of justice. In exercise of the powers court would be justified to quash any proceeding if it finds that initiation/continuance of it amounts to abuse of the process of court or quashing of these proceedings would otherwise serve the ends of justice. When no offence is disclosed by the complaint, the court may examine the question of fact. When a complaint is 17 apl905.2024

sought to be quashed, it is permissible to look into the materials to assess what the complainant has alleged and whether any offence is made out even if the allegations are accepted in toto."

20. Insofar as the allegations made against these

applicants are concerned, no offence is made out against all the

three applicants. Considering the allegations made against these

applicants which suggests the hypersensitive temperament of the

deceased which led her to take such an extreme step of suicide as

allegedly reprimanded by the applicants, who were the Teachers,

otherwise would not ordinarily induce a similarly circumstanced

student to commit suicide.

21. In absence of any material on record even, prima

facie, in the F.I.R. or statement of the complainant, pointing out

any such circumstances showing any such act or intention that the

applicants intended to bring about the suicide of their student, it