Himachal Pradesh High Court
Date Of Decision: 18.03.2026 vs State Of Himachal Pradesh And Others on 18 March, 2026
Author: Sandeep Sharma
Bench: Sandeep Sharma
2026:HHC:7687
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MMO No.1062 of 2022
Date of Decision: 18.03.2026
.
__________________________________________________________________________
Rohit Sharma
.........Petitioner
Versus
State of Himachal Pradesh and Others
.......Respondents
Coram
of
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? Yes.
__________________________________________________________________________
rt
For the Petitioner: Mr. Aman Parth Sharma and Mr. Rishab Negi,
Advocates.
For the Respondents: Mr. Anish Banshtu, Deputy Advocate General,
for State.
Mr. Shanti Swaroop Bhatti, Advocate, for
respondents No.2 & 3.
_________________________________________________________________________________
Sandeep Sharma, J. (Oral)
By way of present petition filed under Section 482 of the Code
of Criminal Procedure, prayer has been made by the petitioner for quashing
of FIR No.121/2018, dated 02.07.2018, lodged at Police Station Joginder
Nagar, under Sections 306 and 34 of IPC, as well as consequential
proceedings pending in the Court of learned Additional District Judge,
Sarkaghat, Camp at Joginder Nagar, i.e. Session Trial No.45/2019, titled as
State Vs. Munish Kumar and Others.
2. Precisely, the grouse of the petitioner, as has been highlighted
in the petition and further canvassed by Mr. Aman Parth Sharma, learned
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counsel representing the petitioner, is that no case much less case under
Sections 306 of 34 of IPC is made out against the petitioner and as such,
.
no fruitful purpose would be served by permitting the criminal proceedings
to continue against him, pursuant to FIR, sought to be quashed in the
instant proceedings. While making this Court peruse contents of the FIR as
well as final report submitted under Section 173 of Cr.P.C., Mr. Parth,
of
learned counsel representing the petitioner, stated that neither there is any
suicide note left behind by deceased Manoj Sharma nor there is any
rt
evidence to suggest that deceased Manoj Sharma, i.e. brother of the
complainant, committed suicide after having been mentally harassed and
tortured by the petitioner. He stated that merely on the basis of some
WhatsApp messages sent by the deceased to his brother, Police could not
have registered case against the petitioner under Sections 306 and 34 of
IPC. In support of his aforesaid submission, he placed reliance upon the
judgment dated 31.03.2022, passed by this Court in Criminal Misc. Petition
(Main) No.728 of 2021, titled as Sh. Ashish Kumar Vs. State of H.P. and
Others.
3. To the contrary, Mr. Anish Banshtu, learned Deputy Advocate
General, while justifying the impugned action of lodging FIR against the
petitioner under Sections 306 and 34 IPC, submitted that bare perusal of
message sent by deceased to his brother, prior to his having committed
suicide, clearly reveals that he was constantly tortured by the petitioner.
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While referring to the reply filed by respondent-State as well as final report
submitted under Section 173 Cr.P.C., he contended that prior to the alleged
.
incident of suicide, petitioner herein, while extending threats to the
deceased, had also shown knife to him. While referring to provisions
contained under Section 306 of the IPC, Mr. Banshtu, learned Deputy
Advocate General, submitted that whoever abets the commission of such
of
suicide, shall be punished with imprisonment which may extend to ten
years. He stated that since bare perusal of WhatsApp message clearly
rt
suggests that deceased Manoj Sharma committed suicide after being
mentally harassed and tortured by the petitioner, no illegality can be said
to have been committed by the Investigating Agency while registering case
under Sections 306 and 34 of the IPC against the petitioner. He submitted
that otherwise also, factum with regard to abetment, harassment and
mental torture shall be proved by the prosecution by leading and
convincing evidence, but certainly such fact, if any, cannot be considered
and decided in the instant proceedings.
4. Precisely, the facts of the case, which led to lodging of the FIR,
sought to be quashed in the instant proceedings, are that on 01.07.2018 at
about 11:20 pm, an application/complaint was received at Police Station
Joginder Nagar from one Deepak Chopra regarding missing of SDO Manoj
Sharma. SI Surjeet Singh along with Police team of Police Station Joginder
Nagar left for the search of SDO Manoj Sharma at his residence/quarters
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and place of his duty at Sanan Power House and other probable places.
During his search, on 02.07.2018 at about 9:00 pm, dead body of SDO
.
Manoj Sharma was found/recovered from the canal, stuck against the iron
grill, by local Police of Police Station Joginder Nagar. On 02.07.2018, one
Kapil Dev Sharma-respondent No.2, who happens to be brother of deceased
Er. Manoj Sharma, recorded his statement under Section 154 Cr.P.C.,
of
alleging therein that his younger brother Manoj Sharma, who was posted at
Shanan Power Project at Joginder Nagar on the post of SDO, posted a
rt
message on the WhatsApp group of “Majara Family” that last night, i.e. on
01.07.2018, one Mr. Manish used to threaten him and if something
happens to him, then Er. Manish and Er. Rohit i.e. petitioner herein, will be
responsible. He alleged that he, after having read the WhatsApp message at
about 09:00 pm, made a call on the mobile number of deceased Manoj
Sharma, but his mobile phone was switched off. He alleged that thereafter
he narrated the matter to his brother-in-law namely Deepak, who was
staying in a guest house at Shanan, Joginder Nagar, however, on
02.07.2018, he came to know that dead body of deceased Manoj Sharma
has been recovered from the canal. In nutshell, complainant, named
hereinabove, alleged that his brother committed suicide after being
mentally tortured and harassed by the petitioner. In the afore background,
FIR sought to be quashed came to be instituted against the petitioner, who
at present stands enlarged on bail.
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5. Pursuant to notices issued in the instant proceedings,
respondent-State as well as respondents No.2 and 3 have filed replies,
.
wherein facts, as have been taken note hereinabove, have not been
disputed, rather stand admitted. Heavy reliance has been placed upon
WhatsApp message, allegedly sent on the mobile phone of complainant by
deceased Manoj Sharma, wherein he apprised that Mr. Manish used to
of
threaten him and in case something happens to him, then Er. Manish and
Er. Rohit will be responsible. In afore message, deceased also alleged that
rt
Er. Manish wielded a knife. In nutshell, case of the petitioner is that no
case is made out under Section 306 of IPC in the given facts and
circumstances, whereas case of the respondent-State is that deceased
Manoj Sharma committed suicide after being instigated by the petitioner.
6. Before ascertaining the genuineness and correctness of the
submissions and counter submissions having been made by the learned
counsel for the parties vis-Ã -vis prayer made in the instant petition, this
Court deems it necessary to discuss/elaborate the scope and competence of
this Court to quash the criminal proceedings while exercising power under
Section 482 of Cr.PC.
7. A three-Judge Bench of the Hon’ble Apex Court in case titled
State of Karnataka vs. L. Muniswamy and others, 1977 (2) SCC 699,
held that High Court while exercising power under Section 482 Cr.PC is
entitled to quash the proceedings, if it comes to the conclusion that
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allowing the proceeding to continue would be an abuse of the process of the
Court or that the ends of justice require that the proceeding ought to be
.
quashed.
8. Subsequently, in case titled State of Haryana and others vs.
Bhajan Lal and others, 1992 Supp (1) SCC 335, the Hon’ble Apex Court
while elaborately discussing the scope and competence of High Court to
of
quash criminal proceedings under Section 482 Cr.PC laid down certain
principles governing the jurisdiction of High Court to exercise its power.
rt
After passing of aforesaid judgment, issue with regard to exercise of power
under Section 482 Cr.PC, again came to be considered by the Hon’ble Apex
Court in case bearing Criminal Appeal No.577 of 2017 (arising out of SLP
(CrL.) No. 287 of 2017) titled Vineet Kumar and Ors. v. State of U.P. and
Anr., wherein it has been held that saving of the High Court’s inherent
powers, both in civil and criminal matters, is designed to achieve a salutary
public purpose i.e. court proceedings ought not to be permitted to
degenerate into a weapon of harassment or persecution.
9. The Hon’ble Apex Court in Prashant Bharti v. State (NCT of
Delhi), (2013) 9 SCC 293, relying upon its earlier judgment titled as Rajiv
Thapar and Ors v. Madan Lal Kapoor, (2013) 3 SCC 330, reiterated that
High Court has inherent powers under Section 482 Cr.PC., to quash the
proceedings against an accused, at the stage of issuing process, or at the
stage of committal, or even at the stage of framing of charge, but such
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power must always be used with caution, care and circumspection. In the
aforesaid judgment, the Hon’ble Apex Court concluded that while exercising
.
its inherent jurisdiction under Section 482 of the Cr.PC, Court exercising
such power must be fully satisfied that the material produced by the
accused is such, that would lead to the conclusion, that his/their defence
is based on sound, reasonable, and indubitable facts and the material
of
adduced on record itself overrule the veracity of the allegations contained in
the accusations levelled by the prosecution/complainant. Besides above,
rt
the Hon’ble Apex Court further held that material relied upon by the
accused should be such, as would persuade a reasonable person to dismiss
and condemn the actual basis of the accusations as false. In such a
situation, the judicial conscience of the High Court would persuade it to
exercise its power under Section 482 of the Cr.P.C. to quash such criminal
proceedings, for that would prevent abuse of process of the court, and
secure the ends of justice. In the aforesaid judgment titled as Prashant
Bharti v. State (NCT of Delhi), (2013) 9 SCC 293, the Hon’ble Apex Court
has held as under:-
“22. The proposition of law, pertaining to quashing of criminal
proceedings, initiated against an accused by a High Court under
Section 482 of the Code of Criminal Procedure (hereinafter referred
to as “the Cr.P.C.”) has been dealt with by this Court in Rajiv
Thapar & Ors. vs. Madan Lal Kapoor wherein this Court inter alia
held as under: (2013) 3 SCC 330, paras 29-30)
29. The issue being examined in the instant case is the
jurisdiction of the High Court under Section 482 of the
Cr.P.C., if it chooses to quash the initiation of the
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8process, or at the stage of committal, or even at the stage
of framing of charges. These are all stages before the
commencement of the actual trial. The same parameters
would naturally be available for later stages as well. The.
power vested in the High Court under Section 482 of the
Cr.P.C., at the stages referred to hereinabove, would
have far reaching consequences, inasmuch as, it would
negate the prosecution’s/complainant’s case without
allowing the prosecution/complainant to lead evidence.
Such a determination must always be rendered with
caution, care and circumspection. To invoke its inherent
jurisdiction under Section 482 of the Cr.P.C. the High
Court has to be fully satisfied, that the material
produced by the accused is such, that would lead to theof
conclusion, that his/their defence is based on sound,
reasonable, and indubitable facts; the material produced
is such, as would rule out and displace the assertions
contained in the charges levelled against the accused;
and the material produced is such, as would clearly
rt
reject and overrule the veracity of the allegations
contained in the accusations levelled by the
prosecution/complainant. It should be sufficient to ruleout, reject and discard the accusations levelled by the
prosecution/complainant, without the necessity of
recording any evidence. For this the material relied upon
by the defence should not have been refuted, or
alternatively, cannot be justifiably refuted, being material
of sterling and impeccable quality. The material reliedupon by the accused should be such, as would persuade
a reasonable person to dismiss and condemn the actual
basis of the accusations as false. In such a situation, the
judicial conscience of the High Court would persuade itto exercise its power under Section 482 of the Cr.P.C. to
quash such criminal proceedings, for that would prevent
abuse of process of the court, and secure the ends ofjustice.
30. Based on the factors canvassed in the foregoing
paragraphs, we would delineate the following steps todetermine the veracity of a prayer for quashing, raised by
an accused by invoking the power vested in the High
Court under Section 482 of the Cr.P.C.:-
30.1 Step one, whether the material relied
upon by the accused is sound, reasonable,
and indubitable, i.e., the material is of
sterling and impeccable quality?
30.2 Step two, whether the material relied
upon by the accused, would rule out the
assertions contained in the charges levelled
against the accused, i.e., the material is
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9the material is such, as would persuade a
reasonable person to dismiss and condemn
the factual basis of the accusations as false.
30.3 Step three, whether the material relied.
upon by the accused, has not been refuted by
the prosecution/complainant; and/or the
material is such, that it cannot be justifiably
refuted by the prosecution/complainant?
30.4 Step four, whether proceeding with the
trial would result in an abuse of process of
the court, and would not serve the ends of
justice?
30.5 If the answer to all the steps is in the
affirmative, judicial conscience of the High
of
Court should persuade it to quash such
criminal – proceedings, in exercise of power
vested in it under Section 482 of the Cr.P.C.
Such exercise of power, besides doing justice
rt to the accused, would save precious court
time, which would otherwise be wasted in
holding such a trial (as well as, proceedings
arising therefrom) specially when, it is clear
that the same would not conclude in the
conviction of the accused.”
10. It is quite apparent from the bare perusal of aforesaid
judgments passed by the Hon’ble Apex Court from time to time that where
a criminal proceeding is manifestly attended with mala fide and/or where
the proceeding is maliciously instituted with an ulterior motive for wreaking
vengeance on the accused and with a view to spite him/her due to private
and personal grudge, High Court while exercising power under Section 482
Cr.P.C. (now Section 528 of BNSS) can proceed to quash the proceedings.
11. Sh. Anish Banshtu, learned Deputy Advocate General,
contended that since investigating agency after having completed
investigation has already filed Challan under Section 173 Cr.PC., in the
competent court of law, prayer made on behalf of the petitioner for
quashing FIR cannot be accepted at this stage. However, this Court is not
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inclined to accept the aforesaid submission made by the learned Deputy
Advocate General for the reason that High Court while exercising
.
jurisdiction under Section 482 Cr.P.C. can even proceed to quash charge, if
it is satisfied that evidentiary material adduced on record would not
reasonably connect the accused with the crime and if trial in such
situations is allowed to continue, person arraigned as an accused would be
of
unnecessarily put to ordeals of protracted trial on the basis of flippant and
vague evidence.
12.
rt
Recently, the Hon’ble Apex Court in case tilted Anand Kumar
Mohatta and Anr. v. State (Government of NCT of Delhi) Departmetn of
Home and Anr, AIR 2019 SC 210, has held that abuse of process caused
by FIR stands aggravated if the FIR has taken the form of a charge sheet
after investigation and as such, the abuse of law or miscarriage of justice
can be rectified by the court while exercising power under Section 482
Cr.PC. The relevant paras of the judgment are as under:
16. Even otherwise it must be remembered that the
provision invoked by the accused before the High Courtis Section 482 Cr. P.C and that this Court is hearing an appeal
from an order under Section 482 of Cr.P.C. Section 482
of Cr.P.C reads as follows: –
“482. Saving of inherent power of the High Court.-
Nothing in this Code shall be deemed to limit or affect
the inherent powers of the High Court to make such
orders as may be necessary to give effect to any order
under this Code, or to prevent abuse of the process of
any Court or otherwise to secure the ends of justice.”
17. There is nothing in the words of this Section which restricts
the exercise of the power of the Court to prevent the abuse of
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process of court or miscarriage of justice only to the stage of the
FIR. It is settled principle of law that the High court can exercise
jurisdiction under Section 482 of Cr.P.C even when the
discharge application is pending with the trial court ( G. Sagar
.
Suri and Anr. V. State of U.P. and Others, (2000) 2 SCC 636
(para 7), Umesh Kumar v. State of Andhra Pradesh and Anr.
(2013) 10 SCC 591 (para 20). Indeed, it would be a travesty to
hold that proceedings initiated against a person can be
interfered with at the stage of FIR but not if it has advanced,
and the allegations have materialized into a charge sheet. On
the contrary it could be said that the abuse of process caused
by FIR stands aggravated if the FIR has taken the form of a
charge sheet after investigation. The power is undoubtedly
conferred to prevent abuse of process of power of any court.”
of
13. Recently, the Hon’ble Apex Court in case titled Pramod
Suryabhan Pawar v. The State of Maharashtra and Anr, (2019) 9 SCC
rt
608, has elaborated the scope of exercise of power under Section 482
Cr.PC, the relevant para whereof reads as under:-
“7. Section 482 is an overriding section which saves the
inherent powers of the court to advance the cause of justice.
Under Section 482 the inherent jurisdiction of the court can be
exercised (i) to give effect to an order under the CrPC; (ii) to
prevent the abuse of the process of the court; and (iii) to
otherwise secure the ends of justice. The powers of the courtunder Section 482 are wide and the court is vested with a
significant amount of discretion to decide whether or not to
exercise them. The court should be guarded in the use of itsextraordinary jurisdiction to quash an FIR or criminal
proceeding as it denies the prosecution the opportunity to
establish its case through investigation and evidence. These
principles have been consistently followed and re-iteratedby this Court. In Inder Mohan Goswami v State of Uttaranchal5,
this Court observed.
“23. This Court in a number of cases has laid down the
scope and ambit of courts’ powers under Section
482 CrPC. Every High Court has inherent powers to act
ex debito justitiae to do real and substantial justice, for
the administration of which alone it exists, or to prevent
abuse of the process of the court. Inherent power
under Section 482 CrPC can be exercised:
i to give effect to an order under the Code;
ii to prevent abuse of the process of the court, and
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(iii) to otherwise secure the ends of justice.
24. Inherent powers under Section 482 CrPC though
wide have to be exercised sparingly, carefully and with
.
great caution and only when exercise is justified by the
tests specifically laid down in this section itself.
Authority of the court exists for the advancement of
justice. If any abuse of the process leading to injustice is
brought to the notice of the court, then the court would
be justified in preventing injustice by invoking inherent
powers in absence of specific provisions in the statute.”
8. Given the varied nature of cases that come before the High
of
Courts, any strict test as to when the court’s extraordinary
powers can be exercised is likely to tie the court’s hands in the
face of future injustices. This Court in State of Haryana v
Bhajan Lal6 conducted a detailed study of the situations where
the court may exercise its extraordinary jurisdiction and laid
down a list of illustrative examples of where quashing may be
rt
appropriate. It is not necessary to discuss all the examples, but
a few bear relevance to the present case. The court in Bhajan
Lal noted that quashing may be appropriate where, (2007) 12
SCC 1 1992 Supp (1) SCC 335
“102. (1) Where the allegations made in the first
information report or the complaint, even if they are
taken at their face value and accepted in their entirety do
not prima facie constitute any offence or make out a case
against the accused.
(2) Where the allegations in the first information report
and other materials, if any, accompanying the FIR do not
disclose a cognizable offence, justifying an investigation
by police officers under Section 156(1) of the Code except
under an order of a Magistrate within the purview
of Section 155(2).
……….
(7) Where a criminal proceeding is manifestly attended
with mala fide and/or where the proceeding is
maliciously instituted with an ulterior motive for
wreaking vengeance on the accused and with a view to
spite him due to private and personal grudge.”
In deciding whether to exercise its jurisdiction under Section
482, the Court does not adjudicate upon the veracity of the facts
alleged or enter into an appreciation of competing evidence
presented. The limited question is whether on the face of the FIR,
the allegations constitute a cognizable offence. As this Court
noted in Dhruvaram Murlidhar Sonar v State of Maharashtra,
2018 SCCOnLine SC3100 (“Dhruvaram Sonar”) :
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13“13. It is clear that for quashing proceedings, meticulous
analysis of factum of taking cognizance of an offence by
the Magistrate is not called for. Appreciation of evidence
is also not permissible in exercise of inherent powers. If.
the allegations set out in the complaint do not constitute
the offence of which cognizance has been taken, it is
open to the High Court to quash the same in exercise of
its inherent powers.”
14. Now being guided by the aforesaid proposition of law laid down
by the Hon’ble Apex Court, this Court would make an endeavour to
of
examine and consider the prayer made in the instant petition vis-Ã -vis
factual matrix of the case.
15.
rt
Careful perusal of FIR sought to be quashed as well as final
report submitted in the competent Court of law under Section 173 Cr.P.C.
clearly reveals that save and except one WhatsApp message posted on the
mobile phone of complainant, no suicide note was left behind by the
deceased Manoj Sharma. There is no material to prove that prior to posting
of the WhatsApp message, detailed hereinabove, deceased Manoj Sharma
had ever lodged any complaint with regard to threats, if any, extended by
petitioner, to his parents, management or the Police. One day prior to his
having committed suicide, he sent WhatsApp message to his brother,
detailed hereinabove, wherein he attempted to apprise his family members
that threats are being extended to him by Er. Manish and in case
something happens to him, Er. Manish will be responsible for the same.
Admittedly, in the case at hand, accused died of his having drowned in the
canal and as per medical evidence adduced on record, no marks of external
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14
or internal injury were ever found. As per post-mortem report, deceased
Manoj Sharma died on account of drowning, leading to asphyxia and
.
deceased was not intoxicate at the time of incident. In investigation, it has
come that petitioner-accused and co-accused Er. Manish used to comment
and irritate deceased Manoj Sharma and deceased had posted the message
regarding the comments made by the petitioner and co-accused to him in
of
the WhatsApp group of “Majara Family”.
16. Question which needs to be decided in the instant case is that
rt
whether contents of the message posted by the deceased in the WhatsApp
group of “Majara Family” would be sufficient to constitute offence, if any,
punishable under Section 306 of IPC or not? At this stage, it would be apt
to take note of Section 306 of IPC, which read as under:
“306. Abetment of suicide.–If any person commits suicide, whoever abets the
commission of such suicide, shall be punished with imprisonment of eitherdescription for a term which may extend to ten years, and shall also be liable
to fine.”
17. Abetment is defined under Section 107 of IPC, which reads as
under :-
“107. Abetment of a thing – A person abets the doing of a thing, who
—
First.–Instigates any person to do that thing; or
Secondly.–Engages with one or more other person or persons in
any conspiracy for the doing of that thing, if an act or illegal
omission takes place in pursuance of that conspiracy, and in order
to the doing of that thing; or Thirdly.–Intentionally aids, by any act
or illegal omission, the doing of that thing.
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15Explanation 1.–A person who, by wilful misrepresentation, or by
wilful concealment of a material fact which he is bound to disclose,
voluntarily causes or procures, or attempts to cause or procure, a
thing to be done, is said to instigate the doing of that thing.
.
Explanation 2.–Whoever either prior to or at the time of the
commission of an act, does anything in order to facilitate the
commission of that act, and thereby facilitates the commission
thereof, is said to aid the doing of that act.”
18. The dictionary meaning of the word ‘instigate’ is to bring about
or initiate, incite someone to do something. The Hon’ble Apex Court in the
of
case of Ramesh Kumar Vs. State of Chhattisgarh 2001 9 SCC 618 has
defined the word ‘instigate’ as “instigation is to goad, urge forward, provoke,
rt
incite or encourage to do an act.”
19. Hon’ble Apex Court in case of S.S.Cheena Vs. Vijay Kumar
Mahajan and Anr. (2010) 12 SCC 190 has dealt with scope and ambit of
Section 107 IPC and its co-relation with Section 306 IPC. Relevant pars of
the aforesaid judgment read as under:
“Abetment involves a mental process of instigating a person or
intentionally aiding a person in doing of a thing. Without a positive
act on the part of the accused to instigate or aid in committingsuicide, conviction cannot be sustained. The intention of the
legislature and the ratio of the cases decided by the Supreme Court
is clear that in order to convict a person under Section 306 IPC
there has to be a clear mens rea to commit the offence. It alsorequires an active act or direct act which led the deceased to
commit suicide seeing no option and that act must have been
intended to push the deceased into such a position that he
committed suicide.”
20. In the case of M. Arjunan Vs. State, Represented by its
Inspector of Police (2019) 3 SCC 315, the Hon’ble Apex Court has held as
under:
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16“The essential ingredients of the offence under Section 306 I.P.C.
are: (i) the abetment; (ii) the intention of the accused to aid or
instigate or abet the deceased to commit suicide. The act of the
accused, however, insulting the deceased by using abusive.
language will not, by itself, constitute the abetment of suicide.
There should be evidence capable of suggesting that the accused
intended by such act to instigate the deceased to commit suicide.
Unless the ingredients of instigation/abetment to commit suicide
are satisfied, accused cannot be convicted under Section 306 I.P.C.”
21. The Hon’ble Apex Court in Ude Singh & Ors. Vs. State of
Haryana, 2019 17 SCC 301, has held that in cases of alleged abetment of
of
suicide, there must be a proof of direct or indirect act/s of incitement to the
commission of suicide. It could hardly be disputed that the question of
rt
cause of a suicide, particularly in the context of an offence of abetment of
suicide, remains a vexed one, involving multifaceted and complex attributes
of human behaviour and responses/reactions. In the case of accusation for
abetment of suicide, the Court would be looking for cogent and convincing
proof of the act/s of incitement to the commission of suicide. In the case of
suicide, mere allegation of harassment of the deceased by another person
would not suffice unless there be such action on the part of the accused
which compels the person to commit suicide and such an offending action
ought to be proximate to the time of occurrence. Whether a person has
abetted in the commission of suicide by another or not, could only be
gathered from the facts and circumstances of each case.
22. It is quite apparent from the aforesaid judgment rendered by
the Hon’ble Apex Court that act of the accused, however, insulting the
deceased by using abusive language will not, by itself, constitute the
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abetment of suicide, rather there should be evidence suggestive of the fact
that the accused intended by such act to instigate the deceased to commit
.
suicide. However, in the case at hand, as has been discussed herein above,
there is no evidence at all available against the petitioner that he insulted
the deceased by using abusive language, that too with an intention to
instigate him to commit suicide and as such, no case, if any, under Section
of
306 IPC is otherwise made out against him. Contents of FIR and final
report filed under Section 173, if taken to be correct on their face value, do
rt
not prima facie constitute the offence against the accused. Apart from
above, neither FIR nor final Challan under Section 173 Cr.P.C. disclose
offence, if any, punishable under Section 306 of IPC against the petitioner.
Leaving everything aside, there is no sufficient evidence available on record
to connect the petitioner with the offence alleged to have been committed by
him.
23. If the WhatsApp message posted on “Majara Family”, Annexure
P-4, on the basis of which FIR sought to be quashed came to be instituted
against the petitioner, is perused in its entirety, it suggests that petitioner
as well as co-accused Manish were told by somebody that deceased have
their gay sex MMS. It appears that after having noticed possession of
aforesaid MMS, co-accused Manish threatened deceased with knife, but as
has been noticed hereinabove, deceased died of drowning and not of
injuries, if any, caused by co-accused Manish or present petitioner.
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24. Leaving everything aside, WhatsApp message, on the basis of
which FIR came to be registered against the petitioner, nowhere suggests
.
that petitioner herein i.e. Rohit Sharma, had ever extended any threats or
made an attempt to threaten the deceased with any kind of weapon, rather
as per afore message, co-accused Manish had threatened deceased with
knife to kill him. Though this Court, after having carefully perused the
of
WhatsApp message posted on “Majara Family” by deceased prior to his
having committed suicide, is fully convinced that no case much less under
rt
Section 306 of IPC is made out against the accused, named in the FIR, but
since co-accused Manish is not before this Court, rather petition at hand
has been filed by petitioner i.e. Rohit Sharma, this Court refrains from
making any comment qua the complicity of co-accused Manish Kumar.
25. Leaving everything aside, contents of WhatsApp message
posted on “Majara Family” allegedly sent by the deceased to his brother i.e.
complainant, if tested/analyzed in light of other material available/collected
on record by the investigating agency, especially Annexure P-5 i.e.
attendance register, as per which, petitioner herein was on leave, on which
date, deceased allegedly committed suicide, coupled with the fact that
Resident Engineer of the project also stated that there was a congenial
atmosphere and no complaint was ever received by him or other authorities
with regard to threats, if any, extended by the petitioner or co-accused
Manish. In view of above, case of the prosecution is bound to fail and
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hence, no fruitful purpose would be served by allowing such proceedings to
continue.
.
26. The Hon’ble Apex Court in a case (Geo Varghese v. State of
Rajasthan and Anr, 2021 (4) RCR (Criminal) 361) where student
committed suicide after being reprimanded by the teacher/administration
categorically held that reprimanding student would not amount to
of
investigation to commit suicide. Relevant para of the aforesaid judgment
reads as under:
rt
27. It is a solemn duty of a teacher to instil discipline in the
students. It is not uncommon that teachers reprimand a student for
not being attentive or not being upto the mark in studies or for
bunking classes or not attending the school. The disciplinary
measures adopted by a teacher or other authorities of a school,
reprimanding a student for his indiscipline, in our considered
opinion, would not tantamount to provoking a student to commit
suicide, unless there are repeated specific allegations of
harassment and insult deliberately without any justifiable cause or
reason. A simple act of reprimand of a student for his behaviour or
indiscipline by a teacher, who is under moral obligations to
inculcate the good qualities of a human being in a student would
definitely not amount to instigation or intentionally aid to the
commission of a suicide by a student.
28. ‘Spare the rod and spoil the child’ an old saying may have lost
its relevance in present days and Corporal punishment to the child
is not recognised by law but that does not mean that a teacher or
school authorities have to shut their eyes to any indiscipline act of a
student. It is not only a moral duty of a teacher but one of the
legally assigned duty under Section 24 (e) of the Right of Children
to Free and Compulsory Education Act, 2009 to hold regular
meetings with the parents and guardians and apprise them about
the regularity in attendance, ability to learn, progress made in
learning and any other act or relevant information about the child.
……………………….
32. Considering the facts that the appellant holds a post of a
teacher and any act done in discharge of his moral or legal duty
without their being any circumstances to even remotely indicate
that there was any intention on his part to abet the commission of
suicide by one of his own pupil, no mens rea can be attributed.
Thus, the very element of abetment is conspicuously missing from
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the allegations levelled in the FIR. In the absence of the element of
abetment missing from the allegations, the essential ingredients of
offence under section 306 IPC do not exist.
………………………………….
.
40. In the absence of any material on record even, prima-facie, in
the FIR or statement of the complainant, pointing out any such
circumstances showing any such act or intention that he intended
to bring about the suicide of his student, it would be absurd to even
think that the appellant had any intention to place the deceased in
such circumstances that there was no option available to him
except to commit suicide.
27. In the aforesaid judgment, the Hon’ble Apex Court has
of
categorically held that simple act of reprimand of a student for his
behaviour or indiscipline by a teacher, who is under moral obligations to
rt
inculcate the good qualities of a human being in a student would definitely
not amount to instigation or intentional aid to the commission of a suicide
by a student. In the absence of the element of abetment missing from the
allegations, the essential ingredients of offence under Section 306 IPC do
not exist. Apart from above, the Hon’ble apex Court has held that victim
committed suicide allegedly for being reprimanded for repeatedly bunking
classes. Reading of victims suicide note shows that same was penned by
immature and hypersensitive mind, thus act of accused being teacher
would not ordinarily induce a circumstances to a student to commit
suicide.
28. Aforesaid exposition of law laid down by the Hon’ble Apex
Court clearly reveals that act of the accused, however, insulting the
deceased by using abusive language will not, by itself, constitute the
abetment of suicide, rather there should be evidence suggestive of the fact
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that the accused intended by such act to instigate the deceased to commit
suicide. However, in the case at hand, as has been discussed herein above,
.
there is no evidence at all available against the petitioner that he insulted
the deceased by using abusive language, that too with an intention to
instigate him to commit suicide and as such, no case, if any, under Section
306 IPC is otherwise made out against him. Contents of FIR and final
of
report filed under Section 173, if taken to be correct on their face value, do
not prima facie constitute the offence against the accused. Leaving
rt
everything aside, there is no sufficient evidence available on record to
connect the petitioner with the offence alleged to have been committed by
him.
29. Having scanned material adduced on record, this Court has no
hesitation to conclude that evidentiary material on record, if accepted
would not reasonably connect the petitioner with the crime. There is
nothing on record to conclude that on the date of the alleged incident,
petitioner was present in the office or he used abusive language with an
intention to instigate the deceased to commit suicide. This Court having
perused material available on record finds that chances of conviction of the
petitioner are very remote and bleak and in case, FIR sought to be quashed
in the instant proceedings as well as consequent proceedings pending in
the competent Court of law, if allowed to continue, petitioner would
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unnecessarily be put to ordeal of protracted trial, which ultimately may
lead to acquittal of the accused.
.
30. Consequently, in view of the detailed discussion made herein
above as well as law laid down by the Hon’ble Apex Court, present petition
is allowed and FIR No.121/2018, dated 02.07.2018, lodged at Police
Station Joginder Nagar, under Sections 306 and 34 of IPC, as well as
of
consequential proceedings, pending in the Court of learned Additional
District Judge, Sarkaghat, Camp at Joginder Nagar, H.P., are quashed and
rt
set-aside. Petitioner is acquitted from the commission of offence under
Section 306/34 IPC.
The petition stands disposed of in the aforesaid terms, along
with all pending applications.
March 18, 2026 (Sandeep Sharma),
Judge
Rajeev Raturi
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