DINESH Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Section 397 r/w Section 401 of the Cr.P.C. has been preferred for quashment of the order dated 31.05.2016 passed by 10th Additional Sessions Judge, Ujjain in S.T. No.153/16, whereby and whereunder the charge for offence under Section 306 IPC has been framed against the petitioner.

(2.) The petitioner along with 6 other persons has been charge-sheeted for abetting Gaurav Solanki to commit suicide. Allegedly, Gaurav solanki had borrowed money from the petitioner and some other persons. They were demanding the repayment of loan along with interest. It is further alleged that the petitioner and other persons had obtained blank cheques and stamp papers having signatures of the deceased. It is also alleged that the petitioner and other persons had extended threats to kill Gaurav Solanki if he fails to repay the money along with interest. Feeling, perturbed and depressed on 17.11.2014, around 10.30 am Gaurav Solanki committed suicide in his house by hanging himself from the ceiling of the room. He is said to have left a suicide note which runs as under:

(3.) The learned counsel for the petitioner has submitted that even if all the allegations made in the charge-sheet are accepted at their face value, a case for abetment to commit suicide punishable under Section 306 of IPC is not made out against the petitioner because demanding back the money or even extending any threat in that behalf by itself cannot amount to an act of abetment as required under Section 107 of IPC.