Gujarat High Court
Rajeshbhai @ Raju Kachbo Valjibhai ... vs State Of Gujarat on 25 April, 2025
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R/CR.MA/23348/2019 ORDER DATED: 25/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 23348 of 2019
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RAJESHBHAI @ RAJU KACHBO VALJIBHAI UMRIGAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR NK MAJMUDAR(430) for the Applicant(s) No. 1
ADVOCATE NOTICE SERVED for the Respondent(s) No. 2
MR MANAN MEHTA, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 25/04/2025
ORAL ORDER
1. By way of this application under Section 482 of the Code of
Criminal Procedure, 1973 (hereinafter referred to as "the Code"),
the petitioner has prayed for quashing and setting aside FIR
being C.R.No.I - 271 of 2019 registered with Umara Station, for
the offences punishable under Section 306 of the IPC as well as
all other consequential proceedings arising out of the aforesaid
FIR qua the petitioner herein.
2. Brief facts of the case are as under:-
3. It is the case of the prosecution that the father of
Complainanti.e. deceased "Chandrakantbhai Parshottambhai
Patel" hadcommitted suicide by hanging himself, leaving behind
him asuicide note, wherein he held the present petitoner is
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responsiblefor his death, and accordingly the present FIR is
lodged againstthe petitioner for the offence punishable u/s 306
of the Indian Penal Code. The aforementioned suicide note is
recovered by the Policewhich is made available in the Police
Papers. The gravamen of thesuicide note is ["the deceased, as a
good friend, had lend some money to the Petitioner around 11-
12 years back, which amountthe deceased himself had borrowed
from his other friends, forwhich the deceased has been paying
huge interest to his friendsfor all these years, and the Petitioner
despite coming out offinancial duress, and despite clearing off
his other dues, had notcleared the dues of the deceased, which
has led the deceased into financial hardship and in
embarrassing position before hisfriends from whom the deceased
had borrowed money for the Petitioner, and that the deceased
had to recover sum of Rs. 50-60Lakh from the Petitioner, which
the petitioner has been neglectingand delaying to pay to the
deceased, and because of such indifference shown by the
Petitioner, the deceased committed suicide, and has requested in
his suicide note that rigorouspunishment be given to the
Petitioner and the outstanding duesof the deceased be recovered
from the Petitioner and be given tothe son of deceased, who
would then pay the said amount to theperson to whom the
amount is to be paid by the deceased. On thenext page of the
suicide note, interest amount of each month andaccordingly
yearly interest amount is mentioned, which thedeceased had to
collect from the Petitioner and therefore the petitioner came to
implicated as accused in F.I.R. being C.R. No. I/271 of 2019
dated 05.09.2019 filed before the Umara Police Station, Dist.:
Surat City for the offences punishable under Sections 306 of
IPC.
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4. Learned advocate for the petitioner referring to the FIR in
question would submit that the minor dispute has entailed in
major result of suicide by the deceased. He would further submit
that according to the FIR, no ingredients of offences u/s 107 and
306 of the IPC are made out. He would further submit that from
the FIR, no positive action from the petitioner is found, which
prompted the deceased to commit suicide. He would further
submit that the transaction is of 11-12 years old and there is not
a single notice correspondence or any kind of material on record
to show that any such amount at any point of time was ever
demanded by the deceased or any such amount was to be paid
by the petitioner. He would further submit that there is no
evidence or record, nor there is anything mentioned in the
suicide note, that what was the exact amount that was lend to
the petitioner, from where the deceased had borrowed money, to
whom the deceased was paying interest. He would further
submit that there are no allegations that the petitioner had in
any manner caused inducement or abetted the Applicant to
commit suicide.
5. The above submission is made by learned advocate for the
petitioner to allow the petition.
6. Per contra, learned advocate appearing for the complainant
would submit that since the petitioner has approached this court
under section 482 of the Code of Criminal Procedure, 1973 to
quash the FIR at threshold, in absence of the investigation in
regards to the office, it cannot be said that there is no instigation
which prompted the deceased to commit suicide. He would
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further submit that the police has not formed any opinion
whether the offence under section 306 of the IPC is made out or
not. Upon such submission, he request to dismiss the petition.
7. Learned APP, adopting the argument of learned advocate
for the complainant, requests to pass necessary order.
7.1 Though served, none appears for the respondent No.2.
8. I have heard learned advocates for both the parties and
perused the record.
8.1 Let refer para 3 of the impugned FIR, which reads as
under:-
"When my father's deadbody was in Sunshine Global
Hospital, my sister Jenita checked the pocket of the
shirt worn by my father and found three papers and
one of the papers contained a suicide note, wherein it
was written that, eleven to twelve years ago, when my
father's friend Rajesh Valjibhai Umarigar was in need of
money, my father borrowed money on interest from his
other friend and gave this money to Rajeshbhai. My
father was paying interest for the same and despite
making frequent request to Rajeshbhai to repay the
same, he was not making the repayment. There is no
money left in my house and whatever money was there
in the house has been spent in paying the interest. He
owes me fifty to sixty lakhs rupees. I request to give this
amount to my children and I am writing this notice
myself. I am taking this step, so as to my children need
not to face the hardship that I have faced. The
nineteenth and twentieth lines therein are striked out
but the same can be clearly read that, get Rajeshbhai
punished in such a manner that, he would not do such
act with other persons. In this manner, a suicide not
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containing total 23 lines was found and my father has
put his signature below it. Further, the other two
papers contained accounts of the money given to this
Rajeshbhai Valjibhai Umarigar. The same are from
30/01/2011 to 30/08/2019 and it is written therein
that, I am paying 5% interest for this money. I do not
know as to from whom the said money was borrowed
on interest by my father. I have read the same and this
handwriting is also of my father. I can identify the same
properly."
8.2 What could be noticed that the deceased had lent money to
the petitioner, which money the deceased has borrowed from
third party, for which, the deceased was paying interest to the
third party on behalf of the accused. However, as per the suicide
note, and the allegations levelled in the FIR, the accused was not
repaying the money, which he has borrowed from some third
party. Considering the said fact, there cannot be any instigation
or any positive act at the hands of the petitioner, which would
drive the deceased to commit the suicide.
9. The main factor for abetment of thing is that the
prosecution needed to prove to instigates any person to do
particular thing, omission or illegal omission for doing that
thing. In the present case, this Court does not find any essential
ingredients of section 107 of the IPC, which can even prima facie
be proved on reading the FIR.
10. Be that as it may, since principal offence alleged against
the petitioner is u/s 306 of the IPC, let refer sections 107 and
306 of the IPC.
"SECTION 107 : Abetment of a thing
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BNS, 2023 (New Section): 45 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.
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.
Illustration
A, a public officer, is authorized by a
warrant from a Court of Justice to
apprehend Z. B, knowing that fact and also
that C is not Z, wilfully represents to A that
C is Z, and there by intentionally causes A to
apprehend C. Here B abets by instigation
the apprehension of C.
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 facilitate the commission thereof, is said
to aid the doing of that act.
SECTION 306 : Abetment of suicide
BNS, 2023 (New Section): 108
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."
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11. At this juncture, I may refer to decision in case of Mohit
Singhal & Anr. vs. The State of Uttarakhand & Ors., rendered in
Criminal Appeal No.3578 of 2023 by the Hon'ble Apex Court in
regards to allegation of committal of suicide for demanding
money and for the offence under Section 306 of the IPC following
view is taken by the Hon'ble Apex Court. Paragraph 7 to 10
reads thus:
"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 a thing, who-- First.--Instigates
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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."
12. Fruitful reference can also be made to the judgment of the
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Hon'ble Apex Court in case of Kumar @ Shiva Kumar Versus
State Of Karnataka, 2024 (0) AIR(SC) 1283, after reviewing series
of judgments on the subject matter while summing up,
concluded thus:-
"47. Human mind is an enigma. It is well neigh
impossible to unravel the mystery of the human mind.
There can be myriad reasons for a man or a woman to
commit or attempt to commit suicide: it may be a case
of failure to achieve academic excellence, oppressive
environment in college or hostel, particularly for
students belonging to the marginalized sections,
joblessness, financial difficulties, disappointment in
love or marriage, acute or chronic ailments, depression,
so on and so forth. Therefore, it may not always be the
case that someone has to abet commission of suicide.
Circumstances surrounding the deceased in which he
finds himself are relevant."
13. On going through the FIR, learned advocate for the first
informant as well as learned APP failed to establish single
positive act on the pact of the petitioner to instigate the deceased
which prompted the deceased to commit suicide. There are
various alternative left to the deceased for such a fact situation.
14. In the case of State of Haryana Vs. B.Bhajanlal & ors., AIR
1992 SC 604, the Hon'ble Apex Court summed up the
proposition of law, which reads as under:-
"(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 ins the F.I.R. and other
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materials, if any, accompanying the F.I.R. do not
disclose a cognizable offence, justifying an investigation
by police officers under S.156(1) of the Code except
under an order of a Magistrate within the purview of
S.155(2) of the code.
(3) Where, the uncontroverted allegations made in the
F.I.R. or complaint and the evidence collected in support
of the same donot disclose the commission of any
offence and make out the case against the accused.
(4) Where, the allegations in the F.I.R. 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 S.155(2) of the Code.
(5) Whether, the allegations made in the F.I.R. 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 bare engrafted in
any of the provisions of the Code or the concerned Act
(under which a criminal proceeding is instituted) toi the
institution 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 malafide 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."
14.1 The findings of the Hon'ble Apex Court in para 1,3 and 5
are attracted in the present case. In view of above, present
petition deserves consideration.
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15. This Court is quite conscious that power u/s 482 of the
Code of Criminal Procedure, 1973 is extraordinary power and
should be used sparingly, as the exercise of such power would
scuttle the FIR at the threshold. But, if the FIR fails to make out
essential ingredients of the offence, power should be exercised.
Upshot of the above discussion, present petition deserves
consideration.
16. In the result, present petition is allowed. Impugned FIR
being C.R.No.I - 271 of 2019 registered with Umara Station as
well as all other consequential proceedings arising out of the
aforesaid FIR qua the petitioner herein are hereby quashed and
set aside. Rule made absolute to the aforesaid extent. Direct
service is permitted.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
