DIPTI RATHORE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed under section 482 of CrPC on 5.10.2018 on behalf of petitioner Dipti Rathore for quashment of the FIR dated 22.5.2018 registered at Police Station, Kotwali, Sehore bearing Crime No.386/2018.

(2.) It is an admitted fact that the petitioner was married with Deepak Rathore (son of the deceased) on 6.5.2017. On 23.4.2018 father-in-law of the petitioner named Mahesh Rathore committed suicide by jumping into well. Police District Sehore registered Merg No.28/2018. After inquiry into Merg, First Information report No.386/2018 under section 306 of IPC was registered on 22.5.2018. After investigation, Police filed challan before the competent court. It is also an admitted position that the charge under section 306 of IPC has been framed against the petitioner by the trial court.

(3.) It is submitted by the counsel for petitioner that the FIR lodged against the petitioner is motivated and the petitioner has been falsely implicated in the offence with an intention to harass the petitioner. Allegations against the petitioner, as contained in the prosecution story, do not make out an offence under section 306 of IPC. None of the ingredients of section 107 of IPC are fulfilled in the instant case. It is the settled position of law that without a positive act on the part of the accused to instigate or aid in committing suicide, prosecution under section 306 cannot be sustained. In order to convict a person under section 306 of IPC, there has to be a clear mens rea to commit the offence. It also requires an active act or direct act, which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he/she committed suicide. The fact of the instant case nowhere shows that there was any active or direct act on the part of petitioner, which could have led the deceased to commit suicide. No offence under section 306 of IPC is made out. Therefore, the FIR registered against the petitioner is liable to be quashed.