"No Instigation, Provocation, Suggestion Or Force"- MP HC While Quashing Abetment To Suicide Case Against Hostel Warden & Worker
A Madhya Pradesh High Court Bench of Justice Anil Verma has quashed an abutment of suicide filed against the warden and a worker of an Eklavya Adarsh, wherein a 14-year-old was found hanging in the hostel.
In that context, it was observed that "Although she left suicide note, but from perusal of the suicide note, it appears that there is no instigation, provocation, suggestion or force for committing suicide, except the statements of relatives of the deceased, there is nothing on record to show that the deceased was being harassed by the petitioners. Only omnibus allegation has been levelled against the petitioners It is also pertinent to note that the allegation levelled against the petitioners does not amount to abatement to commit suicide."
Counsel Ashish Gupta appeared for the applicant, and Government Advocate Harsh Rana appeared for the respondents.
In this case, a petition was filed seeking the quashing of the FIR registered for offences under Sections 305, 206 and 34 of the IPC against the hostel warden and worker for abutment of suicide. The deceased's family alleged that the deceased had died by suicide due to the ill-treatment belted out by the petitioners.
The Court noted that "only allegation against the petitioners is that they have not provided suitable room to the petitioners in the hostel and they did not use to call her for lunch and dinner. Petitioner no. 1 was never available at the hostel. Petitioner no. 1 used to make every girl in the hostel to clean the premises. Prior to the incident deceased did not make any complaint against the petitioners before their higher authority or before any police station".
In light of the same, and relying on the precedent set by Rajesh Vs. The State of Madhya Pradesh, the Court held that there was no men's rea to impel or incite the deceased to die by suicide.
Subsequently, the petition was allowed.
Cause Title: ABC v. State of Madhya Pradesh & Anr.
