Madhya Pradesh High CourtKailash vs The State Of Madhya Pradesh on 7 December, 2022Author:Rajendra Kumar  VermaBench:Rajendra Kumar  Verma1\n                           IN     THE      HIGH COURT OF MADHYA PRADESH\n                                                 AT INDORE\n                                                   BEFORE\n                                HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)\n                                             ON THE 7 th OF DECEMBER, 2022\n                                         MISC. CRIMINAL CASE No. 6488 of 2020\n\n                          BETWEEN:-\n                          1.    KAILASH S/O BABULAL YADAV, AGED ABOUT 43\n                                YEAR S , OCCUPATION: AGRICULTURIST GRAM\n                                DASNAWAL OON DIST. KHARGONE (MADHYA\n                                PRADESH)\n\n                          2.    MAYARAM S/O NARAYAN YADAV, AGED ABOUT\n                                56 YEARS, GRAM DASNAVAL OON. KHARGONE\n                                (MADHYA PRADESH)\n\n                          3.    DELETED AS PER HON'BLE C.O.DT. 29/11/2022 DUE\n                                TO (DEATH) (MADHYA PRADESH)\n\n                          4.    DEEPAK S/O KAILASH YADAV, AGED ABOUT 26\n                                YEARS, OCCUPATION: LABOUR GRAM DASTAVAL\n                                UN DIST. KHARGONE (MADHYA PRADESH)\n\n                                                                                       .....PETITIONERS\n                          (SHRI MAHESH AGRAWAL, LEARNED COUNSEL FOR THE PETITIONERS\n                          .\n\n                          AND\n                          THE STATE OF MADHYA PRADESH STATION HOUSE\n                          OFFICER THROUGH PS OON DIST. KHARGONE\n                          (MADHYA PRADESH)\n\n                                                                                      .....RESPONDENTS\n                          (SHRI R.S.BAIS G.A. APPEARING ON BEHALF OF ADVOCATE\n                          GENERAL/STATE)\n\n                                This application coming on for admission this day, with the consent\n                          heard finally and the court passed the following:\n                                                             ORDERSignature Not VerifiedPresent petition has been filed on behalf of the petitioners under sectionSigned by: ARUN NAIRSigning time: 12/9/20226:04:17 PM2482 ofCr.P.C. for quashment of the FIR bearing Crime No.70/2018 registered\n                          at Police Station Rajgarh, District Rajgarh alongwith all subsequent proceedings\n                          pending against the petitioners underSection 294,323, 506/34AND 306 ofIPC.According to the prosecution story, on 14.03.2018 the police has\n                          registered a case against the petitioners on the complaint made by the\n                          complainant that the petitioners have assaulted the injured namely Devendra,\n                          being harassed due to the assault of the petitioners, the injured consumed some\n                          poisonous substance and committed suicide. Hence, the police has registered\n                          the against the petitioners underSection 294,323,506/34and306of IPC.Learned counsel for the petitioners submits that the petitioners are\n                          innocent and have implicated falsely in the present case. The petitioners have\n                          been implicated only on the ground that they have harassed the deceased, there\n                          is no direct or indirect evidence to connect the petitioners with the case in the\n                          given facts and circumstances of case and the material available on record. It is\n                          also submitted that the petitioner was implicated only on the basis statements of\n                          the relatives of deceased. It is further submitted that neither in statements nor in\n                          the case diary statements, no one has stated anything regarding abetment to\n                          commit suicide against the petitioner. It is further submitted that the deceased in\n                          one side affair with the sister of petitioner Deepak and the deceased alongwith\n                          his brother Mangilal have assaulted the sister of the petitioner Pinki and an FIR\n                          was also registered in this regard vide crime No.43/2016 on 01.02.2016 at\n                          Police Station Oon, Khargone and the deceased was under fear of sentence in\n                          the said case, due to which he has committed suicide. There is no mentioning\n                          against the petitioners in the suicide note except the omnibus allegations. Hence,Signature Not VerifiedSigned by: ARUN NAIRSigning time: 12/9/20226:04:17 PM3prays for for quashment of the FIR.It is further submitted that is no parameters of 'abetment' which has been\n                          stated inSection 107of IPC. Counsel for the petitioner placed reliance in\n                          judgment of Chitresh Kumar Chopra vs. State of (Govt. of NCT of Delhi)\n                          reported in 2009 (16) SCC 605 where the person can be said to have abetted\n                          in doing a thing if he, firstly, instigates any person to do that thing; or secondly,\n                          engaged with one or more other person or persons in any conspiracy for the\n                          doing of that thing, if any act or illegal omission takes place in pursuance of that\n                          conspiracy and in order to the doing of that thing; or thirdly, intentionally aids,\n                          by any act or illegal omission, the doing of that thing. There is no ingredients ofSection 306of IPC.Learned counsel for the petitioner further placed reliance over the\n                          judgments passed by apex Court in the case ofS.S. Chena vs. Vijay Kumar\n                          Mahajan & Anotherreported in 2010 (12) SCC 190, Gangula Mohan\n                          Reddy vs. State of A.P.reported in (2010) 1 SCC 750.In the case ofRajesh vs. The State of Madhya Pradeshpassed in\n                          CRR No.3155/2011 decided on 09.07.2019, this Court has observed in para\n                          no.13, as under:-13.............. "For framing charges underSection 306of\n                                   IPC there has to be a mens rea to impel or incite the\n                                   subject to commit suicide. It is also requires an active or\n                                   direct act, which lead the deceased to commit suicide and\n                                   this act mush push the deceased into such a position that\n                                   he sees no option except to annihilate his own life."Learned counsel for the State has opposed the prayer by submitting that\n                          the petitioners have assaulted and harassed the deceased due to which he has\n                          committed suicide. In their statements recorded underSection 161of Cr.P.C.,Signature Not VerifiedSigned by: ARUN NAIRSigning time: 12/9/20226:04:17 PM4relatives i.e. Mangilal (brother) Laxman Singh uncle of the deceased have\n                          leveled specific allegations against the petitioner that he has harassed the the\n                          deceased due to which, she has committed suicide. Hence, the learned Court\n                          below has rightly framed the charges against the petitioner.I have heard the learned counsel for the parties and perused the record.\n                                   From the face of record, it is clear that prior to the incident there were\n                          dispute between the petitioners and the deceased. It i also clear from the\n                          statements of the witnesses that the petitioners have assaulted the deceased and\n                          being aggrieved, he has committed suicide. The cruelty so caused by the\n                          petitioners is well corroborated by the statements of the witnesses and medical\n                          evidence, hence, prima facie, there is allegations against the petitioners and\n                          such allegations would only decide after proper trial. Therefore, at this stage, it\n                          c an not be said that there is no instigation or abetment to commit suicide.\n                          Resultantly, the MCRC stands dismissed.(RAJENDRA KUMAR (VERMA))\n                                                                                  JUDGE\n                          Arun/-Signature Not VerifiedSigned by: ARUN NAIRSigning time: 12/9/20226:04:17 PM