Gujarat High Court
Krushnakant Bhagwanbhai Patel vs State Of Gujarat on 19 February, 2025
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R/CR.MA/13817/2020 ORDER DATED: 19/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 13817 of 2020
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KRUSHNAKANT BHAGWANBHAI PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
JAIVIK UDAY BHATT(7319) for the Applicant(s) No. 1
MR.HARDIK BHARHMBHAT(3741) for the Applicant(s) No. 1
MR AMIT N CHAUDHARY(5599) for the Respondent(s) No. 2
MR SOHAM JOSHI APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 19/02/2025
ORAL ORDER
By way of this petition, the applicant, seeks for quashment of the
FIR registered with Petlad Rural Police Station, Anand, bearing CR.No.
I-11215020200452 of 2020 for the offence under Section 306 and 114 of
the Indian Penal Code along with all subsequent proceedings arising
thereon.
2. Heard learned advocates appearing for the respective parties.
3. Learned advocate for the petitioner places on record the copy of
judgment rendered in Sessions Case No.2 of 2021 by the learned Sessions
Court, Petlad dated 09/01/2023 acquitting two other accused for the
offence under Section 306 and 114 of the Indian Penal Code.
4. What could be noticed that role of the present petitioner is limited
in commission of the offence that he is not giving accounts of loan which
was given by the complainant and ultimately because of the said act, the
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uncle of the first informant committed suicide. The trial court vividly and
comprehensively discussed the issue in regards to accused nos.1 and 2
whereas the role of the present petitioner is lesser than the role alleged to
have been believed qua two other accused. Recently, the Hon'ble Apex
Court in case of Ayyub & Ors. Versus State Of Uttar Pradesh & Anr.,
[2025-JX(SC)-0-165] has held that charge of abetment in committing
suicide could be established only in a circumstances where it is proved by
the prosecution that the deceased left with no alternative option except to
commit suicide. Relevant observations reads thus:
18. In Swamy Prahaladdas vs. State of M.P. and Another, (1995
Supp (3) SCC 438), the appellant remarked to the deceased that go
and die and the deceased thereafter committed suicide. This Court
held that :-
"Those words are casual nature which are often employed
in the heat of moment between quarrelling people. Nothing
serious is expected to follow thereafter. The said act does
not reflect the requisite means rea on the assumption that
these words would be carried out in all events."
19. By a long line of judgments, this Court has reiterated that in
order to make out an offence under Section 306 IPC, specic
abetment as contemplated by Section 107 IPC on the part of the
accused with an intention to bring about the suicide of the person
concerned as a result of that abetment is required. It has been
further held that the intention of the accused to aid or instigate or
to abet the deceased to commit suicide is a must for attracting
Section 306 IPC [See Madan Mohan Singh vs. State of Gujarat
and Another, (2010) 8 SCC 628]. Further, the alleged harassment
meted out should have left the victim with no other alternative but
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to put an end to her life and that in cases of abetment of suicide
there must be proof of direct or indirect acts of incitement to
commit suicide [See Amalendu Pal alias Jhantu vs. State of West
Bengal, (2010) 1 SCC 707 and M. Mohan vs. State, (2011) 3 SCC
626 and Ramesh Kumar vs. State
of Chhattisgarh, (2001) 9 SCC 618].
20. These principles have been reiterated recently by this Court in
Mahendra Awase vs. The State of Madhya Pradesh, 2025 INSC 76.
21. We find none of the ingredients required in law to make out a
case under Section 306 IPC to be even remotely mentioned in the
charge-sheet or are being borne out from the material on record.
The utterance attributed to the appellants assuming it to be true
cannot be said to be of such a nature as to leave the deceased Tanu
with no other alternative but to put an end to her life. The
surrounding circumstances, particularly the prior lodgment of the
FIR by the rst appellant against the family of Tanu for the death of
his son Ziaul Rahman, does indicate an element of desperation on
the part of the respondent no. 2 to somehow implicate the
appellants. Reliance of the statements recorded under Section 161
Cr.P.C.
belatedly on 07.11.2022, 08.11.2022 and 22.11.2022, only
reinforces out suspicion viz. one-sided, partial and inimical
investigation. Under these circumstances, proceeding with the trial
against the appellants in the charge-sheet as led will be a gross
abuse of process."
5. This Court in SCR.A No.2526 of 2023 while dealing with similar
matter has observed in paragraph 8 and 9 which reads thus:
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"8. In order to prove prima facie the offence under Section 306 of
the IPC, the prosecution is required to show that there is some
instigation on the part of the accused which led the deceased to
commit suicide as no alternative is left with him except to commit
suicide. The word 'instigation' is defined in IPC. In Ramesh
Kumar v State of Chhattisgarh (2001)9 SCC 618 following words
as defined the instigation.
"Instigation is to goad, urge, forward, provoke, incite or
encourage to do an act" To satisfy the requirement of
"instigation", though it is not necessary that actual words
must be used to that effect or what constitutes "instigation"
must necessarily and specifically be suggestive of the
consequence. Yet a reasonable certainty to incite the
consequence must be capable of being spelt out. Where the
accused had, by his acts or omission or by a continued
course of conduct. created such circumstances that the
deceased was left with no other option except to commit
suicide, in which case, an "instigation" may have to be in-
ferred. A word uttered in a fit of anger or emotion without
intending the consequences to actually follow, cannot be
said to be instigation."
9. Thus, to constitute "instigation", a person who instigates
another has to provoke, incite, urge or encourage the doing of an
act by the other by "goading" or urging forward. The dictionary
meaning of the word "goad" is "a thing that stimulates someone
into action; provoke to action or reaction" (see Concise Oxford
English Dictionary); "to keep irritating or annoying somebody
until he reacts" (see Oxford Advanced Learner's Dictionary, 7 th
Edn.). Similarly, "urge" means to advise or try hard to persuade
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somebody to do something or to make a person to move more
quickly and or in a particular direction, especially by pushing or
forcing such person. Therefore, a person who instigates another
has to "goad" or "urge forward" the latter with intention to
provoke, incite or encourage the doing of an act by the latter."
6. In such circumstances when the FIR itself is inherently improbable
to satisfy the necessary ingredients for the offence punishable under
Section 107 read with Section 306 of the IPC allowing FIR to roll on in
the trial would be a futile exercise.
6. In the result, the petition is allowed. The FIR registered with Petlad
Rural Police Station, Anand, bearing CR.No. I-11215020200452 of 2020
as well as all consequential proceedings initiated in pursuance thereof are
hereby quashed and set aside qua the applicants herein. Rule is made
absolute. Direct service is permitted. If the applicant is in jail, the jail
authority concerned is directed to release the applicants forthwith, if not
required in connection with any other case.
(J. C. DOSHI,J)
sompura
