Gujarat High Court
Ashokbhai Bhakabhai Rabari vs State Of Gujarat on 12 March, 2026
NEUTRAL CITATION
R/CR.MA/26891/2025 JUDGMENT DATED: 12/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 26891 of 2025
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ASHOKBHAI BHAKABHAI RABARI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR NIRUPAM NANAVATY with MR VIJAY H NANGESH(3981) for the
Applicant(s) No. 1
MR MANAN MAHETA, APP for the Respondent(s) No. 1
MR MANGAL V GADHAVI(11922) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 12/03/2026
ORAL JUDGMENT
1. RULE returnable forthwith. Learned APP Mr.Manan
Maheta waives service of notice of rule for and on behalf of the
respondent no.1 – State and learned advocate Mr.Mangal
V.Gadhvi waives service of notice of rule for and on behalf of the
respondent no.2 – complainant.
2. By way of preferring the present application under Section
528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the
present applicant-accused seeks to invoke the inherent powers
of this Court, praying to quash and set-aside the First
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Information Report No.11198047251252 of 2025 lodged before
the Sihor Police Station, District Bhavnagar, for the offences
punishable under Section 108 of the Bharatiya Nyaya Sanhita,
2023, and under Sections 40 and 42 of the Gujarat Money
Lenders Act, 2011.
3. It is the case of the prosecution that the deceased (i.e. the
father of the complainant) had borrowed an amount of
Rs.20,000=00 from the present applicant in the year 2020, and
he was regularly paying interest on it to the present applicant. It
is alleged that though the deceased had repaid the principal
amount, the applicant was further demanding Rs.30,000=00
from the deceased, due to which the deceased was remaining
under constant stress and tension. It is the case of the
prosecution that the applicant was frequently calling the
deceased and demanding the money. It is alleged that due to the
torture exerted upon the deceased by the applicant regarding
repayment of his dues, the deceased took the drastic step of
committing suicide by hanging himself in his house.
4. Heard learned senior advocate Mr.Nirupam D.Nanavaty
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assisted by Mr.Vijay Nangesh, learned advocate appearing for
the applicant-accused, learned APP Mr.Manan Maheta appearing
for the respondent no. 1 – State and learned advocate Mr.Mangal
V.Gadhvi appearing for the respondent no.2 – Complainant.
5. Learned senior advocate Mr.Nirupam D.Nanavaty has
submitted that the FIR lodged by the first informant is palpably
false and there is not an iota of evidence to implicate the present
applicant-accused with the alleged offence. The prosecution has
remained silent as to what had happened soon before the
incident. Learned advocate has further submitted that the
proximity between the alleged act of instigation by the applicant-
accused and the commission of suicide by the deceased has not
been proved. He has further submitted that except the statement
of the complainant (who is the son of the deceased), there is no
other evidence to connect the present applicant with the alleged
offence. It is further submitted that the complainant has made
vague, omnibus and general allegations against the applicant-
accused, and the FIR, even if it is considered at its face value,
the same could not even establish the offence as alleged in the
FIR.
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6. Learned senior advocate Mr.Nanavaty, while taking this
Court through the factual matrix of the case, has submitted that
on bare perusal of the impugned FIR, it clearly appears that the
only allegation levelled against the present applicant is that he
had demanded repayment of the loan amount and the interest
thereon. It is submitted that there are no allegations against the
present applicant that he had administered any threat to the
deceased or had used abusive language or incited or provoked
the deceased soon before committing suicide by the deceased. It
is submitted that repeated demands of money cannot be
considered as instigation to commit suicide within the meaning
of Section 108 of the Bharatiya Nyaya Sanhita, 2023.
Furthermore, it is submitted that the material on record
contains no allegation of instigation, intentional aid, or active
participation by the applicant to induce the deceased to commit
suicide. Mr.Nanavaty has also submitted that the allegation of
mental stress or financial pressure, without any direct and
proximate act by the applicant, are not sufficient to constitute
the alleged offence.
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7. Learned senior advocate Mr.Nanavaty has submitted that
the prosecution has not proved beyond reasonable doubt the
essential ingredients of the offence punishable under Section
108 of the Bharatiya Nyaya Sanhita, 2023, or the offence
punishable under Sections 40 and 42 of the Gujarat Money
Lenders Act, 2011. He has further submitted that the key
elements of mens rea and instigation as required under Section
45 of the Bharatiya Nyaya Sanhita, 2023, are missing.
Admittedly, there is no suicide note by the deceased or phone
call details or any other evidence produced by the prosecution,
which prima facie establish the involvement of the present
applicant in the alleged offence. Furthermore, the bare perusal of
the impugned FIR would suggest that there was no direct or
indirect nexus between the alleged act of the applicant and
suicide by the deceased. He has, therefore, submitted that,
considering the entire FIR stricto sensu at face value, no offence
is made out.
8. In support of his argument, learned senior advocate
Mr.Nanavaty has relied upon the decision of the Supreme Court
rendered in the case of Mahendra Awase vs. State of Madhya
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Pradesh, reported in (2025) 4 SCC 810, and of this Court
rendered in the case of Prakash Chandulal Patel vs. State of
Gujarat (Criminal Misc. Application No.6506 of 2022 decided on
19.11.2025).
9. Learned senior advocate Mr.Nanavaty has, therefore, urged
that considering the aforesaid, the present application may be
allowed and the impugned FIR may be quashed and set aside.
10. Per contra, learned APP Mr.Manan Maheta appearing for
the respondent – State has vehemently opposed the present
application and has submitted that having regard to the
gravamen and seriousness of the offence, the consent quashing
would not be permissible. He has further submitted that the
evidence on record clearly establishes the complicity of the
present applicant in the alleged offence. While taking this Court
through the factual matrix of the case, learned APP Mr.Maheta
has submitted that even in the past also, similar type of offence
was registered against the present applicant, and in that case
also, due to the torture exerted by the applicant for recovery of
the amount, the person had committed suicide. Mr.Maheta has
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submitted that even in the case on hand, two witnesses have
specifically stated that prior to the occurrence of the incident,
the deceased was staying disturbed and in a tense state of mind.
He has, therefore, submitted that considering the aforesaid, no
doubt, there appears complicity of the present applicant in the
alleged offence. Hence, he has prayed that the present
application may not be entertained and the same may be
rejected.
11. Learned advocate Mr.Mangal V.Gadhvi appearing for the
respondent no.2 – original complainant, namely, Riyazbhai
Bahadurbhai Makrani (who is the son of the deceased), has
submitted that the dispute between him and the present
applicant has been settled and there is no grievance amongst
them. He has further submitted that due to some
misunderstanding between the deceased and the applicant, the
unfortunate incident had occurred. Learned advocate Mr.Gadhvi
has also submitted that the complainant has tendered an
affidavit dated 09.01.2026 in this regard, wherein, he has
unequivocally stated that since the matter has been settled, he
has no grudge or grievance against the present applicant-
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accused. The complainant has further stated that he does not
want to proceed further with the matter and has no objection if
the application is allowed and the impugned FIR is quashed and
set-aside.
12. The complainant – Riyazbhai Bahadurbhai Makrani, who is
personally present in the Court, has admitted the contents of the
affidavit filed by him. He has further stated that since the
dispute has been amicably settled with the present applicant, he
does not want to proceed further with the matter and he has no
objection if the application is allowed and the impugned FIR is
quashed and set-aside.
13. This Court is conscious of the fact that in such type of
serious offences, the FIR cannot be quashed only on the basis of
the consent and the court has to consider the merits of the case
and to form an opinion, whether the ingredients of Section 107
are attracted or not ? In other words, by examining the
materials on record, the court would require to form an opinion,
whether, there is a prima facie case against the present
applicant-accused, which requires a full-fledged trial.
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14. It is settled that to attract Section 107 of the IPC, the
accused must have mens rea to instigate the deceased to commit
suicide. The act of instigation must be of such intensity that it is
intended to push the deceased to such a position under which
he or she has no choice but to commit suicide. Such instigation
must be in close proximity to the act of committing suicide. In
the present case, it appears from the materials on record that
there is no suicide note by the deceased, and further there is no
evidence on record to suggest as to what had happened soon
before the incident. Even after perusing the impugned FIR, this
Court does not find that the essential ingredients of Section 107
of the Indian Penal Code are attracted.
15. At this juncture, I may refer to the decision of the Supreme
Court in case of Shenbagavalli and others vs. Inspector of
Police, Kancheepuram District and another, reported in 2025
INSC 607, wherein the Supreme Court held as under :-
“15. Section 306 requires a person having committed
suicide as a first requirement but for abetment of such
commission, which is essential, the ingredients must be
found in Section 107 IPC. The requirement of abetmentPage 9 of 20
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under Section 107 IPC is instigation, secondly engagement
by himself or with other person in any conspiracy for doing
such thing or act or a legal omission in pursuance to that
conspiracy and thirdly intentionally aids by any act or an
illegal omission of doing that thing. In large number of
judgments of this Court it stands established that the
essential ingredients of the offense under Section 306 IPC
are (i) the abetment; (ii) intention of the accused to aid and
instigate or abet the deceased to commit suicide. Merely
because the act of an accused is highly insulting to the
deceased by using abusive language would not by itself
constitute abetment of suicide. There should be evidence
suggesting that the accused intended by such act to
instigate the deceased to commit suicide. [M.Arjunan vs.
State represented by its Inspector of Police, (2019) 3 SCC
315]
16. Similarly, in the case of Ude Singh and Others vs.
State of Haryana, (2019) 17 SCC 301 it has been observed
in para 16 as follows :-
“16. In cases of alleged abetment 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 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
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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.
16.1. For the purpose of finding out if a person has
abetted commission of suicide by another, the
consideration would be if the accused is guilty of the
act of instigation of the act of suicide. As explained
and reiterated by this Court in the decisions above
referred, instigation means to goad, urge forward,
provoke, incite or encourage to do an act. If the
persons who committed suicide had been
hypersensitive and the action of the accused is
otherwise not ordinarily expected to induce a similarly
circumstanced person to commit suicide, it may not be
safe to hold the accused guilty of abetment of suicide.
But, on the other hand, if the accused by his acts and
by his continuous course of conduct creates a situation
which leads the deceased perceiving no other option
except to commit suicide, the case may fall within the
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four corners of Section 306 IPC. If the accused plays
an active role in tarnishing the self-esteem and self-
respect of the victim, which eventually draws the
victim to commit suicide, the accused may be held
guilty of abetment of suicide. The question of mens rea
on the part of the accused in such cases would be
examined with reference to the actual acts and deeds
of the accused and if the acts and deeds are only of
such nature where the accused intended nothing more
than harassment or snap show of anger, a particular
case may fall short of the offence of abetment of
suicide. However, if the accused kept on irritating or
annoying the deceased by words or deeds until the
deceased reacted or was provoked, a particular case
may be that of abetment of suicide. Such being the
matter of delicate analysis of human behaviour, each
case is required to be examined on its own facts, while
taking note of all the surrounding factors having
bearing on the actions and psyche of the accused and
the deceased.
17. These being the essential ingredients for the offence of
abetment to suicide, and the said ingredients having not
been fulfilled, the further continuation of proceedings would
not be sustainable. The other evidence such as statements,
sought to be relied upon by the prosecution, apart from the
suicide note, does not in any manner advance the case of
the prosecution, particularly when the foundation of the case
is the suicide note itself. With the very element of abetment
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conspicuously absent from the allegations made in the FIR
which is primarily based upon the suicide note, the essential
requirements for constituting an offence under Section 306
IPC remain unfulfilled. As such, the continuation of the
criminal proceedings initiated against the Appellants would
amount to an abuse of the process of law. The Court cannot
permit such proceedings to degenerate into instruments of
harassment or unjust prosecution.
18. The Court would not hesitate to exercise its
extraordinary powers which are inherent to quash such
proceedings when it comes to fore, and the court is satisfied
that allowing the proceedings to continue would be an abuse
of process of Court or that the ends of the justice require that
the proceedings ought to be quashed. Reference in this
regard may be made to the Judgment of this Court in Geo
Varghese vs. State of Rajasthan and Another, (2021) 19
SCC 144.”
16. This Court has given thoughtful consideration to the rival
submissions canvassed by learned APP appearing for the
respondent – State as well as considered the materials on record.
It is the case of the prosecution that in the year 2019, the
deceased (i.e. the father of the complainant) had borrowed
Rs.20,000=00 from the present applicant, towards which, he was
regularly paying Rs.2,000=00 a month as interest to the present
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applicant. It is alleged by the complainant in the complaint that
even though his father had repaid the loan amount with interest
to the applicant, yet the applicant was demanding additional
Rs.30,000=00 from him. Therefore, due to the mental torture
exerted upon him by the applicant, the deceased committed
suicide by hanging himself in the house on 07.12.2025.
Admittedly, there is no suicide note on record. The only evidence
on record is the verbal statement of the complainant, who has
stated that his father had borrowed Rs.20,000=00 from the
present applicant and was regularly paying Rs.2,000=00 per
month as interest on it. It is further stated by the complainant
that on 24.11.2025, his mother – Hamidaben had called him up
and informed that his father, i.e. the deceased, has been staying
disturbed and is in a tense state of mind as the present
applicant is demanding additional Rs.30,000=00 though he has
been paid all his dues with interest. It appears from the record
that, except the verbal statement of the complainant, there is no
other documentary evidence to prove that the deceased had
borrowed any amount from the applicant or that he was
regularly paying Rs.2,000=00 as interest to the applicant. The
only evidence available on record is that the deceased had paid
Rs.20,000=00 to the present applicant through GPay. However,
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there is no clear and explicit evidence indicating the purpose of
the said transaction. Furthermore, there are no call records or
CDRs to suggest that the present applicant was threatening or
torturing the deceased, which led the deceased to such a
position under which he had no choice but to commit suicide.
There are statements of two witnesses acquainted with the
deceased, which suggest that the deceased was staying
disturbed and was under a tense state of mind, however, there is
no direct or indirect evidence of torture exerted upon the
deceased by the present applicant.
17. Taking into consideration the aforesaid, for the sake of
argument, even if the court believes that the applicant was
demanding the money, that itself cannot attract the elements of
Section 107 of the Indian Penal Code since there is no call
details or CDRs or even a statement of any eye-witness to
suggest that the present applicant was threatening or torturing
or had threatened or tortured the applicant soon before the
incident for recovery of the borrowed amount, which led the
deceased to take an extreme step of committing suicide. It is
noteworthy that there is no suicide note, no eye-witness or no
CDR, which suggests the nexus between the act or omission on
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the part of the present applicant and committing suicide by the
deceased.
18. In Mahendra Awase (supra), the Supreme Court has held
in paragraph 20 as under :-
“20. Applying the above principle to the facts of the present
case, we are convinced that there are no grounds to frame
charges under Section 306 IPC against the appellant. This is
so even if we take the prosecution’s case on a demurrer and
at its highest. A reading of the suicide note reveals that the
appellant was asking the deceased to repay the loan
guaranteed by the deceased and advanced to Ritesh
Malakar.”
19. The Supreme Court further observed in paragraphs 22 to
25 as under :-
“22. It could certainly not be said that the appellant by his
acts created circumstances which left the deceased with no
other option except to commit suicide. Viewed from the
armchair of the appellant, the exchanges with the deceased,
albeit heated, are not with intent to leave the deceased with
no other option but to commit suicide. This is the conclusion
we draw taking a realistic approach, keeping the contextPage 16 of 20
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and the situation in mind. Strangely, the FIR has also been
lodged after a delay of two months and twenty days.
23. This Court has, over the last several decades,
repeatedly reiterated the higher threshold, mandated by law
for Section 306 IPC [Now Section 108 read with Section 45 of
the Bharatiya Nyaya Sanhita, 2023] to be attracted. They
however seem to have followed more in the breach. Section
306 IPC appears to be casually and too readily resorted to
by the police. While the persons involved in genuine cases
where the threshold is met should not be spared, the
provision should not be deployed against individuals, only to
assuage the immediate feelings of the distraught family of
the deceased.
24. The conduct of the proposed accused and the
deceased, their interactions and conversations preceding the
unfortunate death of the deceased should be approached
from a practical point of view and not divorced from day-to-
day realities of life. Hyperboles employed in exchanges
should not, without anything more, be glorified as an
instigation to commit suicide. It is time the investigating
agencies are sensitised to the law laid down by this Court
under Section 306 so that persons are not subjected to the
abuse of process of a totally untenable prosecution. The trial
courts also should exercise great caution and circumspection
and should not adopt a play it safe syndrome by
mechanically framing charges, even if the investigatingPage 17 of 20
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agencies in a given case have shown utter disregard for the
ingredients of Section 306.
25. For the above reasons, we hold that the case against
the appellant is groundless for framing of a charge under
Section 306. Hence, we discharge the appellant from
proceedings in Sessions Case No. 19 of 2023 pending on the
file of First Additional Sessions Judge, Khargone District,
Mandleshwar and quash and set aside the said
proceedings. The appeal is allowed and the impugned order
dated 25.07.2023 passed by the High Court in Criminal
Revision No. 1142 of 2023 is set aside.”
20. If we consider the facts of the present case in light of the
aforesaid observations made by the Supreme Court, in absence
of any other evidence, it clearly appears that the demand made
by the applicant for repayment of his dues was not with an
intent to push the deceased to such a position under which he
had no choice except to commit suicide.
21. Undoubtedly, there are criminal antecedents against the
present applicant, and a similar type of case has also been
registered against him; however, as pointed out by learned
senior advocate Mr.Nanavaty, the competent court of law, after
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appreciating the evidence, acquitted the applicant. Therefore, in
the considered opinion of this Court, in the absence of any
connecting material on record that attracts the elements of
Section 107 of the Indian Penal Code, the same cannot form the
sole basis for refusing to exercise the powers conferred upon this
Court.
22. This Court is quite conscious of the fact that the power
under Section 482 of the Code of Criminal Procedure, 1973
(corresponding Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, 2023), is extraordinary, and it should be used
sparingly, as the exercise of such power would scuttle the FIR at
the threshold. But, if the FIR fails to make out essential
ingredients of the offence, the power should be exercised. Upshot
of the above discussion, the present application deserves
consideration.
23. In the result, the present application is allowed. The First
Information Report No.11198047251252 of 2025 lodged before
the Sihor Police Station, District Bhavnagar, for the offences
punishable under Section 108 of the Bharatiya Nyaya Sanhita,
2023, and under Sections 40 and 42 of the Gujarat Money
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Lenders Act, 2011, is hereby ordered to be quashed and set-
aside. All consequential proceedings arising pursuant thereto are
also quashed and set-aside.
24. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J.)
/MOINUDDIN
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