Case BriefsSupreme Court

Supreme Court: A Bench comprising of Uday U. Lalit and Dr D.Y. Chandrachud, JJ. allowed an appeal filed against the judgment of Bombay High Court whereby it had quashed criminal proceedings instituted against the respondent.

According to the FIR for offence under Section 306 IPC, the daughter and son-in-law of the appellant were teachers in a village Zila Parishad School where the respondent was also a teacher. He used to call appellant’s daughter on mobile and harass her. Despite efforts of his son-in-law, the respondent continued to call and harass the appellant’s daughter. There was a verbal altercation between his son-in-law and the respondent after which the son-in-law committed suicide leaving behind a suicide note naming the respondent. The respondent approached the High Court under Section 482 CrPC seeking quashing of the FIR. Observing that prima facie the respondent did not have the intention to aid or instigate the deceased to commit suicide, the High Court quashed the FIR. Aggrieved thereby, the appellant preferred the present appeal by special leave.

The Supreme Court noted that there were definite allegations against the respondent which were supported by statement of witnesses as well as the suicide note written by the deceased. The Court was of the opinion that the High Court was not justified in entering into question whether the respondent had requisite intent to aid, instigate or abate the commission of suicide at the stage where the investigation was yet to be completed. The Court found merit in submissions of the appellant and set aside the judgment impugned. The appeal was allowed and the authorities concerned were directed to complete the investigation.[Narayan Malhari Thorat v. Vinayak Deorao Bhagat,2018 SCC OnLine SC 2571, decided on 28-11-2018]

Case BriefsHigh Courts

Bombay High Court: A Division Bench comprising of P.N. Deshmukh and M.G. Giratkar, JJ. allowed an application for quashing an FIR lodged for the offence punishable under Section 306 read with Section 34 IPC.

One Rupchand Sirsat, 54, working as Group Secretary in Kherda-Mozari Coop. Society committed suicide and left a suicide note making allegations against the applicant and other MPs and MLAs. The wife of the deceased informed the police, pursuant to which the FIR came to be registered for the offence as mentioned above. The applicants had filed the instant application for quashing of the said FIR.

The High Court, while considering the issue, referred to its previous decisions wherein it was held that for bringing an offence under Section 306, specific abetment as contemplated by Section 107 on the part of the accused, with an intention to bring about the suicide of the person concerned, is required. Further, in order to convict a person under Section 306, there has to be a clear mens rea to commit the offence. However, on the facts of the present case, the Court was of the view that the applicant cannot be said to have abetted the deceased to commit suicide. From the contents of FIR, the Court gathered that the deceased was mentally disturbed due to the death of his son. The concerned death note was written two months prior to the commission of suicide. After writing the said note, the deceased had proceeded on leave. In view of such facts and circumstances, the Court quashed the FIR registered against the applicants. [Pramod Shriram Telgote v. State of Maharashtra,  2018 SCC OnLine Bom 1456, dated 04-07-2018]