"State vs Nishit Sharma"
2025 Latest Caselaw 2785 UK

Uttarakhand High Court

"State vs Nishit Sharma" on 23 May, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                   Office    Notes,
                   reports, orders
                   or proceedings
SL.
        Date       or    directions                   COURT'S OR JUDGES'S ORDERS
No
                   and Registrar's
                   order       with
                   Signatures
      23.05.2025
                                      C528 No.677 of 2025
                                      Hon'ble Vivek Bharti Sharma, J.

Mr. Anil Soni, learned Senior Counsel assisted by Mr. Kaushal Pandey, learned counsel for the petitioner.

2. Mr. Deepak Bisht, learned Deputy Advocate General for the State.

3. This C528 petition has been filed to quash the entire proceedings of Criminal Case No.6514 of 2024, "State Vs. Nishit Sharma", pending before learned Chief Judicial Magistrate, Dehradun arising out of FIR No.153 of 2018 dated 21.07.2018 registered at Police Station Premnagar, District-Dehradun, charge-sheet dated 08.10.2020 as well as cognizance/summoning order dated 20.08.2024 for the offences punishable under Section 306 of IPC.

4. Learned Senior Counsel for the petitioner/accused would submit that charge-sheet under Section 306 IPC has been filed against the present petitioner/accused, however, mere reading of report of the Investigating Officer under Section 173 Cr.P.C. would reveal that no ingredient of the abetment is present.

Learned Senior Counsel for the petitioner/accused would further submit that as per report under Section 173 Cr.P.C. (Annexure No.7) the only allegation made is that the petitioner/accused expressed his regrets about something wrong done by him and told that he is ashamed of the same; that, on 08.01.2018, the petitioner /accused took the deceased in his room in Delhi where they had physical relationship; that, in the whatsApp chat, there are pictures showing the petitioner/accused and the deceased kissing each other; that, on 08.01.2018, the deceased told the petitioner /accused that her school time friend had accompanied the deceased to Indore and for this reason the petitioner/accused and the deceased had verbal arguments; that, in the whatsApp chat it appears as if the petitioner /accused is asking for pardon for the verbal altercation with the deceased.

Learned Senior Counsel for the petitioner/accused would further submit that abetment as defined under Section 107 IPC, the offence of the abetment is made out only if any person instigates any person to do a thing, or engages other persons in conspiracy for the doing of that thing, or intentionally aids, by any act or illegal omission, the doing of that thing.

Learned Senior Counsel for the petitioner/accused would further submit that in the Report under Section 173 Cr.P.C., there is no allegation which would show the presence of any of the ingredients to constitute the offence of abetment to suicide.

Learned Senior Counsel for the petitioner/accused would further submit that in plethora of judgments the Hon'ble Supreme Court has observed that the charge-sheets are being filed under Section 306 of IPC where none of the ingredients to constitute that offence is present.

Learned Senior Counsel for the petitioner/accused would further submit that this is the case in which even the cognizance should not have been taken by the Trial Court, however, unfortunately, the Trial Court not taken cognizance but also summoned the petitioner/accused, hence, this petition.

Learned Senior Counsel for the petitioner/accused would further submit that proceedings of the Trial Court be stayed.

5. Mr. Deepak Bisht, learned Deputy Advocate General for the State would seek time to file reply/objection to the grounds of petition under Section 528 of B.N.S.S. However, he would fairly concede that mere reading of the Report under Section 173 Cr.P.C. none of the ingredients is present so as to constitute offence of abetment to suicide.

Learned Senior Counsel would submit that meanwhile, if trial is not stayed, the petitioner/accused be exempted through counsel from personal appearance in Trial Court till next date.

6. Learned counsel for the State has no objection if the petitioner/accused is exempted from personal appearance through his counsel.

7. Issue notice to respondent no.2 through ordinary process and registered post, acknowledgement due as well as by email and WhatsApp, if available.

8. Steps to be taken within two weeks.

9. Meanwhile, learned counsel for the State shall file counter affidavit/reply within three weeks.

10. List this case in due course after service of notice is effected upon respondent no.2 and counter affidavit.

11. In view of the submissions made by learned Senior Counsel for the petitioner /accused and learned Deputy Advocate General for the State, the petitioner/accused is exempted from personal appearance in Trial Court through his counsel till the next date of listing.

(Vivek Bharti Sharma, J.) 23.05.2025 SS