Telangana High Court
Kandavalli Vasundhara vs The State Of Telangana And Another on 20 February, 2023
Bench: K.Surender
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
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
2004 LawSuit (AP) 121
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
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.6023 OF 2022
Dt. 20.02.2023
kvs
