GURLEEN KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition filed under Sec. 438 of the Code of Criminal Procedure is for grant of anticipatory bail to the petitioner in case FIR No.31 dtd. 16/3/2023, under Sec. 306 IPC, registered at Police Station Shimlapuri, District Ludhiana.

(2.) The case in question was registered on the statement of Sanjay Kumar. As per allegations, his son Rahul was preparing for IELTS at a Daffodils Coaching Centre in Ludhiana. He met the petitioner there. They fell in love with each other. They both wanted to marry. The said fact came to the knowledge of family of the petitioner. Her family gave one application against his son at Police Station Daba, Ludhiana. The matter was settled mutually. The petitioner resiled from marrying his son. Due to that, his son started remaining upset. He stopped talking to the family members. On 9/3/2023, his son consumed some poisonous substance. His neighbours got him admitted in Deep Hospital, Ludhiana. Then he was referred to DMC Hospital, Ludhiana. At 02:00 AM, on the same night, they got him discharged from DMC Hospital, Ludhiana. On 13/3/2023, he got his son admitted at Government Hospital, Sector 32, Chandigarh, where the doctors, after checking his son, informed him that his condition was serious and asked him to take him home. His son died at 01:30 PM on 15/3/2023. A suicide note has been recovered from the room of his son in his mobile and two handwritten pages, which showed that since the petitioner refused to marry his son, so he ended his life.

(3.) Learned counsel for the petitioner has argued that there was history of dispute and the matter went to the Police Station on 27/2/2023. A compromise (Annexure P-2) was effected and it was settled that son of the complainant would not harass the petitioner and parents of the boy would take responsibility for the same. In the entire alleged suicide note, no overt act has been attributed to the petitioner. There was neither any instigation nor any aide or illegal omission on the part of the petitioner which led to the suicide of son of the complainant. The offence of abetment of suicide is not at all attracted from the averments of the FIR. Reliance has been placed by learned counsel for the petitioner on a judgment of Hon'ble Apex Court in Gurcharan Singh vs. State of Punjab - 2017(1) RCR (Criminal) 118 and also on a judgment of Co-ordinate Bench of this Court in Mukesh Kher vs. State of Haryana and another - 2020(4) RCR (Criminal) 162.