Lack of Evidence in Abetment Case: Availing Legal Remedy to Recover Money Cannot Amount to Abetment: Punjab and Haryana High Court

In a significant legal development, the Punjab and Haryana High Court has handed down a verdict emphasizing the importance of concrete evidence in abetment cases. The judgment, delivered by Justice Jasjit Singh Bedi on October 17, 2023, revolves around allegations under various sections of the Indian Penal Code (IPC), including Section 306 (abetment of suicide), Section 34 (acts done by several persons in furtherance of common intention), Section 120-B (criminal conspiracy), and Section 420 (cheating).

The court's decision, which is expected to set a precedent, stems from the case of a co-accused who was not named in the First Information Report (FIR). Remarkably, even the suicide note failed to attribute any specific role to the accused. The prosecution offered multiple explanations for the accused's possession of certain cheques, but these explanations were found lacking in substance.

The judgment underscores the principle that availing oneself of legal remedies cannot be construed as abetment in the absence of specific allegations of harassment or instigation. Furthermore, the court highlighted that the deceased had already been convicted as a result of a complaint filed by the petitioner, and the appeals of the main accused had been abated. In light of these factors, the court determined that there was no useful purpose in continuing proceedings against the present petitioner.

Justice Bedi's verdict culminated in the quashing of FIR No. 35 dated May 29, 2016, under Sections 306, 34, 120-B, and 420 IPC, registered at the Government Railway Police Station in Patiala, along with the report under Section 173(2) of the Criminal Procedure Code (Cr.P.C.) and all subsequent proceedings related to the petitioner.

This judgment serves as a reminder of the necessity for specific and substantial evidence in abetment cases. It reinforces the legal principle that availing oneself of legal remedies should not be misconstrued as abetment in the absence of concrete allegations of harassment or instigation. The decision is expected to have far-reaching implications for similar cases in the future.

Date of Decision: 17 October 2023

Gurpreet Singh vs State of Punjab