Court Must Conduct Inquiry on Mental Competency Before Appointing Legal Guardian - Punjab and Haryana High Court Right to Bail Cannot Be Denied Merely Due to the Sentiments of Society: Kerala High Court Grants Bail in Eve Teasing Case Supreme Court Extends Probation to 70-Year-Old in Decades-Old Family Feud Case Authorized Railway Agents Cannot Be Criminally Prosecuted for Unauthorized Procurement And Supply Of Railway Tickets: Supreme Court Anticipatory Bail Cannot Be Denied Arbitrarily: Supreme Court Upholds Rights of Accused For Valid Arbitration Agreement and Party Consent Necessary: Supreme Court Declares Ex-Parte Arbitration Awards Null and Void NDPS | Lack of Homogeneous Mixing, Inventory Preparation, and Magistrate Certification Fatal to Prosecution's Case: Punjab & Haryana High Court "May Means May, and Shall Means Shall": Supreme Court Clarifies Appellate Court's Discretion Under Section 148 of NI Act Punjab & Haryana High Court Orders Re-Evaluation of Coal Block Tender, Cites Concerns Over Arbitrary Disqualification Dying Declarations Must Be Beyond Doubt to Sustain Convictions: Madhya Pradesh High Court Acquits Accused in Burn Injury Murder Case No Legally Enforceable Debt Proven: Madras High Court Dismisses Petition for Special Leave to Appeal in Cheque Bounce Case Decisional Autonomy is a Core Part of the Right to Privacy : Kerala High Court Upholds LGBTQ+ Rights in Landmark Habeas Corpus Case Consent of a Minor Is No Defense Under the POCSO Act: Himachal Pradesh High Court Well-Known Marks Demand Special Protection: Delhi HC Cancels Conflicting Trademark for RPG Industrial Products High Court Acquits Accused Due to ‘Golden Thread’ Principle: Gaps in Medical Evidence and Unexplained Time Frame Prove Decisive Supreme Court Dissolves Marriage Citing Irretrievable Breakdown; Awards ₹12 Crore Permanent Alimony Cruelty Need Not Be Physical: Mental Agony and Emotional Distress Are Sufficient Grounds for Divorce: Supreme Court Section 195 Cr.P.C. | Tribunals Are Not Courts: Private Complaints for Offences Like False Evidence Valid: Supreme Court Limitation | Right to Appeal Is Fundamental, Especially When Liberty Is at Stake: Supreme Court Condones 1637-Day Delay FIR Quashed | No Mens Rea, No Crime: Supreme Court Emphasizes Protection of Public Servants Acting in Good Faith Trademark | Passing Off Rights Trump Registration Rights: Delhi High Court A Minor Procedural Delay Should Not Disqualify Advances as Export Credit When Exports Are Fulfilled on Time: Bombay HC Preventive Detention Must Be Based on Relevant and Proximate Material: J&K High Court Terrorism Stems From Hateful Thoughts, Not Physical Abilities: Madhya Pradesh High Court Denies Bail of Alleged ISIS Conspiracy Forwarding Offensive Content Equals Liability: Madras High Court Upholds Conviction for Derogatory Social Media Post Against Women Journalists Investigation by Trap Leader Prejudiced the Case: Rajasthan High Court Quashes Conviction in PC Case VAT | Notice Issued Beyond Limitation Period Cannot Reopen Assessment: Kerala High Court Fishing Inquiry Not Permissible Under Section 91, Cr.P.C.: High Court Quashes Trial Court’s Order Directing CBI to Produce Unrelied Statements and Case Diary Vague and Omnibus Allegations Cannot Sustain Criminal Prosecution in Matrimonial Disputes: Calcutta High Court High Court Emphasizes Assessee’s Burden of Proof in Unexplained Cash Deposits Case Effective, efficient, and expeditious alternative remedies have been provided by the statute: High Court Dismisses Petition for New Commercial Electricity Connection Maintenance Must Reflect Financial Realities and Social Standards: Madhya Pradesh High Court Upholds Interim Maintenance in Domestic Violence Land Classified as Agricultural Not Automatically Exempt from SARFAESI Proceedings: High Court Permissive Use Cannot Ripen into Right of Prescriptive Easement: Kerala High Court High Court Slams Procedural Delays, Orders FSL Report in Assault Case to Prevent Miscarriage of Justice Petitioner Did Not Endorse Part-Payments on Cheque; Section 138 NI Act Not Attracted: Madras High Court Minority Christian Schools Not Bound by Rules of 2018; Disciplinary Proceedings Can Continue: High Court of Calcutta Lack of Independent Witnesses Undermines Prosecution: Madras High Court Reaffirms Acquittal in SCST Case Proceedings Before Tribunal Are Summary in Nature and It Need Not Be Conducted Like Civil Suits: Kerala High Court Affirms Award in Accident Claim Affidavit Not Sufficient to Transfer Title Punjab and Haryana High Court

Merely Being Named in a Suicide Note Does Not Establish the Offence Which Must Be Made Out on the Basis of Allegations Levelled - Punjab & Haryana High Court Quashes FIR in Abetment of Suicide Case

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Punjab and Haryana High Court has quashed the FIR and subsequent proceedings against two individuals accused of abetting the suicide of Anil Kumar. The court held that the allegations and evidence presented did not substantiate their involvement under Section 306 of the Indian Penal Code (IPC), which deals with abetment of suicide.

The case revolves around the accusations against Sushil Kumar Yadav and Naresh Kumar (petitioners), who were alleged to have exerted financial pressure on the deceased, leading him to commit suicide. The initial FIR was lodged based on a suicide note recovered from the deceased, which named the petitioners as responsible for his dire state due to unpaid debts.

According to the FIR filed by Suresh Kumar, brother of the deceased, Anil Kumar was found hanging at his residence on April 20, 2022. A subsequent investigation revealed a suicide note attributing his extreme step to the pressure of repaying loans to the petitioners, who allegedly threatened and pressured him over financial matters. Statements from the deceased's wife and other witnesses supported these claims, suggesting a backdrop of continuous harassment over money owed.

The court meticulously analyzed the elements required for constituting abetment of suicide under IPC Section 306. It observed that mere naming in a suicide note and demands for debt repayment do not conclusively establish abetment. Justice Jasjit Singh Bedi noted, "For abetment to occur, there must be a direct act of instigation or active complicity, which was conspicuously absent in this scenario." He further referenced several precedents which distinguished actionable instigation from mere allegations of harassment or pressure related to financial transactions.

The judgment elaborated on the necessity of establishing a proximate link between the accused's actions and the act of suicide, which was not demonstrated by the prosecution. The court underscored the importance of discerning whether ordinary prudence would lead a similarly placed individual to end their life under the given circumstances, which it found unconvincing in the present case.

Decision: Given the lack of evidence pointing to intentional inducement or assistance in the act of suicide by the petitioners, the court ruled that continuing the proceedings would lead to a miscarriage of justice and misuse of judicial processes. Consequently, the FIR and all related proceedings were quashed.

Date of Decision: May 6, 2024

Sushil Kumar @ Sushil Yadav & Another v. State of Haryana & Another

Similar News