ANILKUMAR CHANDUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate, Mr. Shakeel A. Qureshi for the petitioners and learned APP, Mr. L.R. Pujari for the respondent No. 1.

(2.) THIS application is filed to quash the complaint registered as C.R. No. I -167 of 2012 at Makarpura Police Station, Vadodara City, for the offences punishable under Secs. 306, 506 and 114 of IPC.

(3.) LOOKING to the allegations made in the complaint, prima facie ingredients of offence of Sec. 306 of IPC are not attracted as there is no intentional aiding committed by the accused persons leading the deceased to commit suicide. Reliance is placed on the decision of this Court in the case of A.K. Chaudhary & 2 Vs. State of Gujarat & 2 reported in : 2005 (3) G.L.H. 444 more particularly in paragraph 17 wherein it was held that ingredients of offence punishable under Sec. 306 of IPC are attracted only if the suicide is due to direct and alarming encouragement or incitement leaving no option but to commit suicide. Part of paragraph 17 reads as under: