Gujarat High Court
Akhandbharat Kailashnarayan Singh @ A. ... vs State Of Gujarat on 11 January, 2024
NEUTRAL CITATION
R/CR.MA/14159/2018 ORDER DATED: 11/01/2024
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 14159 of 2018
==========================================================
AKHANDBHARAT KAILASHNARAYAN SINGH @ A. B. SINGH & 1 other(s)
Versus
STATE OF GUJARAT & 1 other(s)
==========================================================
Appearance:
MR. SURAJ A SHUKLA(7185) for the Applicant(s) No. 1,2
MR HARDIK A DAVE(3764) for the Respondent(s) No. 2
MR. MANAN MEHTA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 11/01/2024
ORAL ORDER
1. Rule. Mr. Harik Dave, learned advocate waives service of
notice of rule for and on behalf of the respondent No.2 and Mr.
Manan Mehtal, learned APP for the respondent No.1-State.
2. The present application is filed by the present applicants to
quash and set aside the impugned FIR being I-CR No. 229 of 2018
registered with Umra Police Station, Surat for the offence punishable
under Sections 306, 507 and 114 of the Indian Penal Code.
3. Heard learned advocates appearing for the respective parties.
4. The brief facts of the case are as under:-
NEUTRAL CITATION
R/CR.MA/14159/2018 ORDER DATED: 11/01/2024
undefined
4.1 The marriage between the original accused No.1 i.e. Vijay
Murlidharsinh and the deceased sister of the respondent No.2 was
solemnized on 26.11.2015 according to Hindu rituals and customs.
Thereafter, the deceased had gone to this matrimonial house after
one month of rituals at her maternal house. After one month of
residing at her matrimonial house, the respondent No.2 brought the
deceased back to her maternal house as she fell sick. Thus, the
family members of the accused No.1 started harassing the deceased
and she did not return back. Thereafter, the deceased had lodged an
impugned FIR before the Limbayat Police Station for the offences
under Section 498(a), 323, 504, 506(2) and 114 of the Indian Penal
Code and u/s. 3,4, and 5 of the Prohibition of Dowry Act against the
accused No.1 to 9 on 20.1.2017. Due to these proceedings, the
deceased used to frequently visit the District Court, Surat. During
those visits, the accused No.1 and his family members along with
the present applicants used to pressurize the deceased for settlement
of the dispute by regularly calling her. The elder brother of the
complainant being Yogesh Sinh had informed the complainant that
when he tried to make phone call to the deceased sister, an unknown
person had informed that their sister had committed suicide from the
Court building. During the investigation, a suicide note has been
recovered from the purse of the deceased stating that "Mere Marne
ki wajah sirf aur sirf sasural wale hai" Thus, the impugned FIR.
NEUTRAL CITATION
R/CR.MA/14159/2018 ORDER DATED: 11/01/2024
undefined
5. Mr. Suraj Shukla, learned advocate for the applicants the
applicants have wrongly implicated in the offence considering the
fact that the no offence is made out under Section 306 of Indian
Penal Code or any other sections and merely the general allegations
is made in the impugned FIR. He has further submitted that no
specific role is attributed by the present applicants except they are
intervenor in the matrimonial disputes. He has further submitted that
the present applicants not named in the suicide note. He has further
submitted that present applicants are aged about 70 years and are
facing hardship due to the criminal proceedings initiated against
them due to the impugned FIR. Considering the judgement of the
Hon'ble Apex Court in the case of State of Haryana Vs. Bhajanlal
reported in AIR 1992 SC 604, this is a fit case that where the Court
should exercise the powers and to prevent the abuse of process of
law and to avoid the unnecessary harassment to the applicants.
Therefore, learned advocate for the applicants has requested this
Court to allow the present application.
6. Per contra, Mr.Hardik Dave, learned advocate for the
respondent- complainant has submitted that in the complaint, the
applicants are named in the FIR and it is specific averments is made
by the complainant in the FIR. He has further submitted that
deceased has also written the suicide note before committing the
suicide. Considering all these aspects, the prima facie offence is
made out under the provision of Section 306 of the IPC more
NEUTRAL CITATION
R/CR.MA/14159/2018 ORDER DATED: 11/01/2024
undefined
particularly the marriage span is less than 7 years and there is no
dispute that some matrimonial dispute is going on between the
parties and pursuant thereto, some litigation is also pending before
the concerned Court and therefore, he prays that prima facie case is
made out, the powers under Section 482 of Cr.P.C may not be
exercised and dismiss the present application.
7. Learned APP Mr. Manan Mehta for the respondent- State has
also supported the submissions made by learned advocate for the
respondent-complainant and submits that since prima facie case is
made out where the Court should exercise the powers under Section
482 of Cr.P.C is very sparingly and in the present case, case is not
made out for exercising the power u/s. 482 of Cr.P.C. Therefore, he
has requested this Court to dismiss the present application.
8. I have considered the rival submissions made by learned
advocates appearing for the respective parties and also perusal of the
report received from the concerned police station which is produced
by the learned APP which is taken on record. It transpires that the
FIR is filed registered with Umara Police Station, Dist. Surat for
the offence punishable under Sections 306, 507 and 114 of the
Indian Penal Code dated 22.7.2018 by Bipinsingh Lalchandrasingh
Rajput who happens to the brother of the deceased Simpisingh who
committed suicide.It transpires that the allegations against the
present applicants are in general in nature as present applicants
NEUTRAL CITATION
R/CR.MA/14159/2018 ORDER DATED: 11/01/2024
undefined
admittedly not near relatives of the husband or are related to the
deceased in any manner. Merely, present applicants are intervening
in some Court case which is arising out from the matrimonial
disputes pursuant to the earlier complaint filed at Limbayat Police
Station and they are insisting the deceased as well as other persons
for entering into the settlement as agreed by the parties at the
relevant point of time. It also transpires from the perusal of the
suicide note which is produced by the learned APP for perusal of
this Court that the names of the present applicants are not
mentioned in the said suicide note. Moreover, considering the fact
that there is no instigation or abatement can be considered on the
part of the present applicants which is necessary requirement under
the law.
Section 107 and Section 306 of the Indian Penal Code which is
read as under:-
"Section 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 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.
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.
NEUTRAL CITATION
R/CR.MA/14159/2018 ORDER DATED: 11/01/2024
undefined
9. Considering the totality of the facts and circumstances of the
case and in absence of specific role attributed to the present
applicants bearing role of the mediator in the some Court
proceedings, I am of the opinion that prima facie no case is made out
against the present applicants to proceed further pursuant to the
impugned complaint. Moreover considering the recent judgements
of Hon'ble Apex Court in case of Mohit Singhal and another Vs.
State of Uttarakhand and others reported in 2023 SCC Online Sc
1598 wherein, it is observed as under:-
"7. The suicide note records that the third respondent had borrowed
a sum of Rs.60,000/-. According to the deceased, he had paid more than
half of the amount to Sandeep. The suicide note records that as he could
not pay the rest of the money, the first appellant came to his house and
started abusing him. He stated that the first appellant had assaulted him,
and therefore, he complained to the police. He further noted that the
business of giving money on interest was prospering. He stated that the
third respondent is not a prudent woman, and due to her habit of
intoxication and due to her conduct, she got trapped in this. In the
suicide note, it is further stated that the first appellant has made his life a
hell.
8. According to the complaint of the third respondent, the incident in her
shop of the first appellant threatening and assaulting her and her
husband was on 15th June 2017. After that, notice under Section 138 of
the Negotiable Instruments Act, 1881, was issued by Sandeep to the
deceased on 27th June 2017. The suicide note was written three days
after that, on 30th June 2017. The deceased committed suicide three
days thereafter. Neither in the complaint of the third respondent nor in
the suicide note, it is alleged that after 15th June 2017, the appellants or
Sandeep either met or spoke to the third respondent and her deceased
husband. Section 306 of the IPC makes abetment to commit suicide as
an offence. Section 107 of the IPC, which defines the abetment of a
thing, reads thus:
"Section 107 -- Abetment of a thing.- A person abets the doing of
NEUTRAL CITATION
R/CR.MA/14159/2018 ORDER DATED: 11/01/2024
undefined
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 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."
(underline supplied)
9. In the facts of the case, secondly and thirdly in Section 107, will have
no application. Hence, the question is whether the appellants instigated
the deceased to commit suicide. To attract the first clause, there must be
instigation in some form on the part of the accused to cause the deceased
to commit suicide. Hence, the accused must have mens rea to instigate
the deceased to commit suicide. The act of instigation must be of such
intensity that it is intended to push the deceased to such a position under
which he or she has no choice but to commit suicide. Such instigation
must be in close proximity to the act of committing suicide.
10. In the present case, taking the complaint of the third respondent and
the contents of the suicide note as correct, it is impossible to conclude
that the appellants instigated the deceased to commit suicide by
demanding the payment of the amount borrowed by the third respondent
from her husband by using abusive language and by assaulting him by a
belt for that purpose. The said incident allegedly happened more than
two weeks before the date of suicide. There is no allegation that any act
was done by the appellants in the close proximity to the date of suicide.
By no stretch of the imagination, the alleged acts of the appellants can
amount to instigation to commit suicide. The deceased has blamed the
third respondent for landing in trouble due to her bad habits.
11. Therefore, in our considered view, the offence punishable under
Section 306 of IPC was not made out against the appellants. Therefore,
the continuation of their prosecution will be nothing but an abuse of the
process of law.
10. Also considering the judgment of Hon'ble Supreme Court in
the case of State of Haryana V/s Bhajan Lal reported in AIR 1992
SC 604, wherein the Hon'ble Supreme Court has observed thus -
NEUTRAL CITATION
R/CR.MA/14159/2018 ORDER DATED: 11/01/2024
undefined
"In the backdrop of the interpretation of the various relevant provisions
of the Code under Ch.XIV and of the principles of law enunciated by
this court in a series of decisions relating to the exercise of the
extraordinary power under Art.226 or the inherent powers under sec.482
of the Code which we have extracted and reproduced above, we give the
following categories of cases by way of illustration wherein such power
could be exercised either to prevent abuse of the process of any court or
otherwise to secure the ends of justice, though it may not be possible to
lay down any precise, clearly defined and sufficiently channelised and
inflexible guidelines or rigid formulae and to give an exhaustive list of
myriad kinds of cases wherein such power should be exercised.
(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 FIR do not disclose a cognizable offence,
justifying an investigation by police officers under sec.156(1) of the
Code except under an order of a Magistrate within purview of
sec.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 sec.156(2) of the Code.
(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.
NEUTRAL CITATION
R/CR.MA/14159/2018 ORDER DATED: 11/01/2024
undefined
(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."
11. Therefore, this is a fit case where this Court should exercise
the discretion in favour of the present applicants accordingly, this
application is allowed. The impugned FIR being CR No.I-229 of of
2018 registered with Umara Police Station, District Surat filed
against the applicants are hereby quashed and set aside.
Consequently, all other proceedings arising out of the aforesaid FIR
are also quashed and set aside qua the present applicants. Rule is
made absolute. Direct service is permitted.
(SANDEEP N. BHATT,J)
BEENA SHAH
