Indore Bench Of Madhya Pradesh High Court Quashes FIR U/s 305, 306 After Finding No Mens Rea On Part Of The Petitioners

Hon’ble High Court of Madhya Pradesh at Indore recently allowed the application U/s 482 Cr.P.C. and quashed the F.I.R. U/s 305, 306 & 34 I.P.C. and other consequential proceedings after finding out that there seems no mens rea on the part of the petitioners to impel or incite the deceased to commit suicide.

BRIEF FACTS OF THE CASE

The deceased committed suicide by hanging on 18/07/2022. It is allegedly stated by the family members of the deceased that deceased was aged 14 years old and was studying in class 8″ and residing in Eklavya Adarsh ~ Hostel. Whenever she used to return home from the hostel, she used to inform – her parents that the hostel in-charge, who is the Petitioner No. 01 was never available at the hostel. Whenever told anything to the Petitioner No. 01, she allegedly used to shout at her. She used to make the deceased and other girls in the hostel clean the premises like peons. She had also informed her mother that Dinesh (Petitioner No. 02), who is a peon at the hostel, used to make the deceased sift grains and do his personal work. It is alleged that due to the ill treatment meted out to deceased by the present Petitioners, she committed suicide. A suicide note was also found. On the basis of the above mentioned allegations, a formal FIR was registered.

CONTENTION OF PETITIONER

Learned counsel for the petitioner submitted that all the allegations made against the petitioner, even if accepted in their entirety, do not make out a case under Section 306 of IPC. It is further submitted that to constitute the abetment within the meaning of Section 107 read with Section 306 of IPC, there should be instigation, provocation, incitement, suggestion, insinuation or goading to commit suicide and that accused must have intended that the deceased commits suicide. Only omnibus allegations have been levelled against the present petitioner. The deceased left no suicide note or any dying declaration. He also relied on Gangula Mohan Reddy Vs. State of Andra Pradesh reported in 2010 Cr.L.J 2110 (SC) as also Gurucharan Singh Vs. State of Panjab reported in AIR 2017 SC 74

CONTENTION OF RESPONDENT

It is submitted by learned counsel for the respondent/State that prima facie charge for offence under Section 306 IPC has been framed against the petitioners on the basis of the material available in the charge sheet. There is prima facie sufficient and ample evidence available on record, which directly connects the petitioners with the aforesaid offence, therefore, no interference is required.

HON’BLE COURT’S OBSERVATIONS

Hon’ble Mr. Justice Anil Verma relied on Apex Court observations in M. Mohan v. State of Madras reported in 2011 Cr.L.J. 1900 and also quoted para 13 of Rajesh Vs. The State of Madhya Pradesh vide order dated 9.7.2019 passed in CRR No.3155/2011 as under :-

“13………….For framing charges under Section 306 of IPC, there has to be a mens rea to impel or incite the subject to commit suicide. It is also requires an active or direct act, which lead the deceased to commit suicide and this act must push the deceased into such a position that he sees no option except to annihilate his own life.”

On the basis of above findings Hon’ble court stated that “although she left suicide note, but from perusal of the suicide note, it appears that there is no instigation, provocation, suggestion or force for committing suicide, except the statements of relatives of the deceased, there is nothing on record to show that the deceased was being harassed by the petitioners.

Only omnibus allegation has been levelled against the petitioners It is also pertinent to note that the allegation levelled against the petitioners does not amount to abatement to commit suicide Hence, in view of the settled law in the case of Rajesh (supra), this Court of the considered opinion that there is no mens rea to impel or incite the deceased to commit suicide.”

Case no. :- MISC. CRIMINAL CASE No. 46563 of 2022

Order date :- 12.06.2023