J. C. GUPTA, J. ( 1 ) SMT. Asha Shukla wife of Dr. S. D. Shukla has filed this revision against the order dated 18-5-2001 passed by VI Addl. Chief Judicial Magistrate, Ghaziabad in case No. 522 of 2001 State v. Smt. Asha Shukla under Section 306 I. P. C. whereby the learned Magistrate on the basis of charge sheet submitted by police after investigation has taken cognizance and summoned the applicant as accused to face trial. ( 2 ) DECEASED of this case were smt. Nimisha and her husband Praveen Sharma. On 21-3-1998 they both were found dead as a result of hanging in the rented house of Praveen Sharma. Deceased Nimisha was the daughter of the applicant in revision while Praveen Sharma was son of Shri V. D. Sharma who in this revision has filed his own counter affidavit in reply to the affidavit filed on behalf of the applicant. ( 3 ) IN the affidavit filed in support of this revision it is alleged that the applicant is an educated lady of about 53 years of age. Her father was a Senior Professor and Dean Faculty of Commerce and Business Management in Banaras Hindu University. She is a post graduate in Sanskrit and is married to Dr. S. D. Shukla. Dr. Shukla is Professor and Head of Geology Department and also officiated as Principal in S. G. R. R. Post Graduate College, Dehradun. Three real brothers of applicant are also highly educated and well settled. Eldest is Senior Manager in L. I. C. , second is General Manager and Youngest is Head of the Department in S. N. Medical College, Agra. After her marriage, applicant started residing at Dehradun with her husband. Two children were born to them, namely, Nimisha and Nishith. The son of applicant is a computer engineer and M. B. A. and is well settled in Delhi. Marriage of applicants daughter Nimisha was negotiated and settled with Praveen Sharma through advertisement who had completed A. M. I. and was posted as Junior Engineer in C. P. W. D. at New Delhi. All these facts have not been denied in the counter affidavit filed on behalf of opposite party No. 2. ( 4 ) AS per applicants case a huge dowry was given in the marriage of her daughter with Praveen Sharma. All these facts have not been denied in the counter affidavit filed on behalf of opposite party No. 2. ( 4 ) AS per applicants case a huge dowry was given in the marriage of her daughter with Praveen Sharma. However, the demands of dowry continued to be made even after the marriage by her in-laws and since the deceased Nimisha was the only daughter of the applicant, she and her husband, to the best of their capacity, fulfilled those demands but in-laws of the deceased continued to treat applicants daughter with cruelty so much so that she was not even permitted to talk to her parents on phone and the applicant and her husband were never welcomed at the house of in-laws of Nimisha. Salary of Praveen Sharma was about Rs. 4000. 00 after deductions and as he was preparing for competition there was no extra income for the family. His father used to pressurize him to either start earning more or bring money from her in-laws. Since the husband and wife both were highly educated and their relations were extremely cordial they started living separately from their parents. Separate Gas connection and all other necessary requirements were supplied to by the applicant. There was yet another reason of separate living as elder brother of Praveen Sharma, Shri Rajiv Sharma, had no issue, his father, mother and other family members decided to give the newly born son of applicantss daughter to elder brother of Praveen Sharma for which applicants daughter was not agreeable. Praveen Sharma started living in a separate house on a monthly rent of Rs. 2000. 00 inVasundhara colony. The relations between applicant and her son-in-law were extremely cordial. From time to time he used to send greetings to the applicant on various occasions such as birthday, marriage anniversary etc. After 10-10-1997 applicant throughout remained at Dehradun and had no occasion to go to Delhi or Ghaziabad to make interference in the day to day affairs of her daughter and son-in-law. It is further alleged that in no circumstance it could be imagined that mother would try to abet the commission of suicide of her son-in-law by making her daughter widow or would have abetted the commission of suicide by her daughter. It is further alleged that in no circumstance it could be imagined that mother would try to abet the commission of suicide of her son-in-law by making her daughter widow or would have abetted the commission of suicide by her daughter. No information regarding commission of suicide by applicants son-in-law and her daughter was sent to applicant or applicants husband but on receiving an anonymous information on telephone at Dehradun in late hours on 21-3-1998, they reached in early hours of 22-3-1998 at Ghaziabad but dead body of the applicants daughter was not shown to them. Prior to their reaching, the elder brother of Praveen Sharma and his family members had reached the house where the daughter of the applicant was residing with her husband. According to the applicants case her daughter committed suicide as she was being treated with cruelty on account of demand of dowry by her in-laws and thereafter son-in-law also committed suicide or her daughter was murdered by family members of her in-laws as they found Praveen Sharma dead. Applicants husband tried to lodge F. I. R. at Ghaziabad but on account of great influence of opposite party No. 2 and his father with local police, his report was not recorded. Having no option left the applicants husband sent a telegram to S. S. P. Ghaziabad from Dehradun on 30-3-1998. Although there was an allegation that daughter of applicant had died an unnatural death within one and half years of marriage on account of harassment and cruelty in connection with the demand of dowry by her in-laws, the same was not investigated. On the other hand, applicant has been made an accused despite the fact that there is absolutely no evidence or material against her to show that she in anyway instigated Praveen Sharma to commit suicide. This clearly shows partisan attitude of Ghaziabad police. On the other hand, applicant has been made an accused despite the fact that there is absolutely no evidence or material against her to show that she in anyway instigated Praveen Sharma to commit suicide. This clearly shows partisan attitude of Ghaziabad police. According to the applicant the opposite party and his family members in connivance with local police managed to prepare a forged suicide note of Praveen Sharma and on the basis of the said note case crime No. 91 of 1999 was registered on 19-6-1999 against the applicant under Section 306 I. P. C. The fact that no F. I. R. was registered from 21-3-1998 to 19-6-1999 i. e. for a period of about 15 months goes to show that initially police itself was of the view that no case was made out against the applicant. Apprehending her arrest the applicant filed writ petition No. 7528 of 2000 before this Court wherein her arrest was stayed during invetigation. The investigating officer even after coming to know that a complaint by applicants husband has already been filed making allegations against in-laws of applicants daughter, in a hurried and collusive manner has submitted charge sheet. The same has been challenged in this revision on the ground that even on the basis of material collected during investigation, no offence is made out against the applicant. ( 5 ) IN the counter affidavit it is not disputed that deceased Nimisha was daughter of the applicant and other deceased Praveen Sharma was her husband. However, allegations of deceased Nimisha being treated with cruelty in connection with demand of dowry have been denied. On the other hand, it is alleged that the applicant in revision regularly visited the house of the deceased persons and put a pressure on Praveen Sharma to leave his job and shift to Dehradun which was not agreed by him and because of this interference by applicant in family affairs of Praveen sharma he and his wife committed suicide. It is further stated that the suicide note which was in the hand writing of Praveen Sharma and was recovered during investigation shows that because of the pressure of the applicant in revision Praveen sharma was forced to end his life by committing suicide which is also evident from the charge sheet dated 26-1-2000 already submitted by the police. It is further stated that the suicide note which was in the hand writing of Praveen Sharma and was recovered during investigation shows that because of the pressure of the applicant in revision Praveen sharma was forced to end his life by committing suicide which is also evident from the charge sheet dated 26-1-2000 already submitted by the police. It is also alleged that a bare reading of suicide note makes out a case of commission of offence punishable under Section 306 I. P. C. against the applicant in revision. ( 6 ) THE Court has heard Shri Viresh Mishra, Sr. Advocate alongwith Shri S. K. Agarwal for the applicant in revision, learned A. G. A. for the State and Shri Pulak Ganguly for the complainant. ( 7 ) UNDISPUTEDLY, both the deceased persons were husband and wife. Deceased Nimisha was daughter of applicant in revision and was married to deceased Praveen Sharma in the year 1996. A son was also born out of their wedlock. It is also borne out that both of them started living separately from parents of the husband in a rented house in Vasundhara colony and dead bodies were found in that very house on 21-3-1998. Shri Rajeev Kumar Sharma opposite party No. 2 elder brother of deceased Praveen Sharma lodged a written report at police station Indrapuram, Ghaziabad stating therein that his brother Praveen Sharma aged about 30 years was serving in C. P. W. D. Construction Division, New Delhi on the post of junior engineer and was living alongwith his wife Smt. Nimisha Sharma aged about 25 years in rented house No. 15/1065 Vasundhara. It was further alleged that on the day of occurrence in the morning some altercation had taken place between husband and wife on some issue whereupon Nimisha went in the neighbourhood and before she could return Praveen committed suicide by hanging himself from ceiling fan. When Nimisha came back and found Praveen dead, she also committed suicide by hanging herself with ceiling fan in another room. On getting information of this he went there and found both the dead bodies in the rented house. On inquiry from neighbours he came to know that Praveen had committed suicide at about 11 a. m. while Nimisha committed suicide at about 12. 20 p. m. This F. I. R. was entered in G. D. No. 30 at 13. On getting information of this he went there and found both the dead bodies in the rented house. On inquiry from neighbours he came to know that Praveen had committed suicide at about 11 a. m. while Nimisha committed suicide at about 12. 20 p. m. This F. I. R. was entered in G. D. No. 30 at 13. 45 p. m. S. I. Vijay Singh, S. I. H. P. Kanodia and S. I. R. L. Kaul with police force reached the scene of occurrence and completed inquest. Both the dead bodies were then sent for post mortem examination. Post mortem was conducted on 22-3-1998 and cause of death of both the deceased persons was found to be asphyxia caused by hanging. A suicide note purporting to be in the handwriting of Praveen Sharma was found in the underwear of Praveen Sharma at the time of post mortem examination, which reads as under. "nimisha ko main Chaturvedi uncle ke yahan chhorkar aya Huin. Bhagwan Jane Picchle 15 mahine mein kitne kasht huyen hain. Kabhi Nimisha Ne Kabhi iski ma ne kabhi jhutha dowry ke case ki bat to kabhi kuch bas ab nahi saha jata. Pahle mujhe mere ma bap se alag karvaya ab yaha roj roj ki pareshani khari karte hain. Antim Ichcha-Mera antim sanskar ganga kinare ho aur moksha ki kamna ki jaye. " ( 8 ) ON the basis of this note a case under Section 306 I. P. C. was registered against the applicant in revision on 19-6-1999. During investigation, investigating officer recorded the statements of Vishnu Dutt Sharma, father of deceased Praveen Kumar Sharma; Rajeev Kumar Sharma; elder brother of Praveen Sharma; Smt. Kamlesh, mother of deceased Praveen Sharma and R. P. Sharma, uncle of Praveen Sharma. They all merely stated that deceased Nimisha was troubling Praveen sharma who used to threaten him to implicate in some dowry case and applicant in revision used to support Nimisha. They all merely stated that deceased Nimisha was troubling Praveen sharma who used to threaten him to implicate in some dowry case and applicant in revision used to support Nimisha. ( 9 ) IT was submitted by learned counsel for the applicant in revision that though the entire allegations made against the applicant in revision are false and have been made in collusion with local police of Ghaziabad after a long gap of 15 months as a counter blast to the complaint made by husband of the applicant against in-laws of the deceased that deceased died an unnatural death within 7 years of her marriage as she was subjected to cruelty in connection with the demand of dowry, yet no offence under Section 306 I. P. C. is made out on the basis of these allegations even if they are taken at their face value. Learned counsel submitted that it is one of those rarest of rare cases wherein this Court should invoke inherent powers to quash the charge sheet and drop the proceedings which have been initiated against the applicant in revision simply to cause harassment to her. ( 10 ) IN the case Madhavrao Jiwaji Rao Scindia v. Sambhajirao Chandrojirao Angre AIR 1988 SC 709 the Apex Court expounded the law as to in what cases prosecution at the initial stage can be quashed. It was held as under:"the legal position is well settled that when a prosecution at the initial stage is asked to be quashed, the test to be applied by the Court is as to whether the uncontroverted allegations as made prima facie establish the offence. It is also for the Court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in the interest of justice to permit a prosecution to continue. This is so on the basis that the Court cannot be utilised for any oblique purpose and where in the opinion of the Court chances of an ultimate conviction are bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, the Court may while taking into consideration the special facts of a case also quash the proceedings even though it may be at a preliminary stage. " ( 11 ) IN the celebrated case of State of Haryana v. Bhajan Lal A. I. R. 1992 SC 604 the Apex Court on the interpretation of the various relevant provisions of the Code under Chapter XIV and the principles of law enunciated in the series of decisions relating to the exercise of the extra ordinary power under Article 226 or the inherent powers under Section 482 of the Code categorized cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any Court or otherwise to secure the ends of justice, observing further that it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guide lines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised. The classes of cases in which proceedings could be quashed at the initial stage were :1. Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do no prima facie constitute any offence or make out a case against the accused. 2. Where the allegations in the First Information Report and other materials, if any, accompanying the F. I. R. do no disclose a cognizable offence, justifying an investigation by police officers under Section 156 (1) of the Code except under an order of a Magistrate within the purview of Section 155 (2) of the Code. 3. Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do no disclose the commission of any offence and make out a case against the accused. 4. Where, the allegations in the F. I. R. do no constitute a cognizable offence but constitute only a non cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155 (2) of the Code. 5. Where, the allegations in the F. I. R. or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceedings against the accused. 6. 5. Where, the allegations in the F. I. R. or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceedings against the accused. 6. Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceedings is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. 7. Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreakiing vengeance on the accused and with a view to spite him due to private and personal grudge. " ( 12 ) THE Apex Court further gave a note of caution to the effect that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases; that the Court will not be justified in embarking upon an inquiry as to the reliability or genuineness or otherwise of the allegations made in the F. I. R. or the complaint and that the extraordinary or inherent powers do no confer an arbitrary jurisdiction on the Court to act according to its whim or caprice. ( 13 ) NOW coming to the moot point as to whether the allegations made in the F. I. R. and the material collected during investigation constitute any offence under Section 306 I. P. C. against the applicant in revision? ( 14 ) SECTION 306 I. P. C. runs as under. "abetment of suicide-if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. ( 14 ) SECTION 306 I. P. C. runs as under. "abetment of suicide-if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. "abetment has been defined in Section 107of the Indian Penal Code as follows:"abetment of a thing-A person abets the doing of a thing, who-Firstly-Instigates any person to do that thing; or secondly-Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or thirdly, -Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1.-A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. illustration a, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z. B. kinowing that fact and also that G is not Supplementary - affidavit filed on behalf of the applicant is taken on record, willfully represents to A that G is Supplementary -affidavit filed on behalf of the applicant is taken on record and thereby intentionally causes A to apprehend G. Here B abets by instigation the explanation 2, -Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitate the commission of that act, and thereby faciliates the commission thereof, is said to aid the doing of that act. "for the applicability of Section 306 following two facts must be shown, namely, (i) that a person has committed suicide and (ii) that accused has abetted the commission of such suicide. ( 15 ) FROM a combined reading of Section 306 and 107 of the Penal Code it is clear that the offence of abetment depends upon the intention of the person who instigates. Therefore, the gist of the offence of abetment is the intention to aid the commission of suicide. ( 15 ) FROM a combined reading of Section 306 and 107 of the Penal Code it is clear that the offence of abetment depends upon the intention of the person who instigates. Therefore, the gist of the offence of abetment is the intention to aid the commission of suicide. In the absence of necessary intention no offence under this section can be said to have been made out. In order to bring the case within the four corners of abetment there must be mens rea or community of intention. Without knowledge or intention there can be no abetment and the intention and knowledge must relate to the commission of suicide and assistance must be something proximate and something more than a mere passive acquiescense. ( 16 ) IN Ramesh Kumar v. State of Chhattisgarh (2001)8 J. T. (SC) 599. The Apex Court observed as under (Instigation is to goad, urge forward, provoke, incite or encourage to do "an act" To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive of the consequence. Yet a reasonable certainty to incite the consequence must be capable of beintg spelt out.) ( 17 ) IN the above case deceased was appellants wife. Within one year of marriage his wife died of suicide and before committing suicide she wrote a suicide note and a letter to her husband in a diary. Her dying declaration was also recorded by Executive Magistrate. On facts the Honble Supreme Court came to the conclusion that presumption of Section 113 A of evidence Act could not be drawn against the husband. It further held that the case was not one which could fall in Clause secondly and thirdly of Section 107 of the Indian Penal Code. With regard to applicability of first clause i. e. whether the accused abetted the suicide by instigating her to do so, the Supreme Court held that it was beyond doubt that accuseds wife did commit suicide within a year of her marriage. What happened on the date of occurrence was very material for the purpose of recording a finding on the question of abetment. What happened on the date of occurrence was very material for the purpose of recording a finding on the question of abetment. The picture which emerged from a cumulative reading and the assessment of the material available in that case was that presumably because of disinclination on the part of the accused to drop the deceased at her sisters residence the deceased felt disappointed, frustrated and depressed. She was overtaken by a feeling of short comings which she attributed to herself. She was overcome by a forceful feeling generating within her that in the assessment of her husband she did not deserve to be his life-partner. May be that it was in a fit of anger as contrary to his wish and immediate convenience the deceased was emphatic on being dropped at her sisters residence to see her. In these circumstances it was held that the case was not a case where the accused created such circumstances that the deceased was left with no other option except to commit suicide. ( 18 ) IN the case of State of West Bengal v. Ori Lal Jaiswal (1994)1 SCC 73 , it was held that if it transpires to the Court that a victim committing suicide was hyper sensitive to ordinary petulance, discord and difference in domestic life quite common to the society to which the victim belonged and such petulance, discord and differences were not expected to induce a similarly circumstanced individual in a given society to commit suicide the conscious of the Court should not be satisfied for basing a finding that the accused charged of abetting the offence of suicide should be found guilty. ( 19 ) IN the case of Shri Ram v. State of U. P. A. I. R. 1975 SC 175 it was held by the Apex Court that in order to constitute an abetment, the abettor must be shown to have "intentionally aided to the commission of crime. Mere proof that the crime charged could not have been committed without the interposition of the alleged abettor is not enough compliance with the requirement of Section 107 I. P. C. . . . . . . . . . . . . . . . . . . . . Intentional aiding and, therefore, active complicity is the gist of the offence of abetment under the third paragraph of Section 107. . . . . . . . . . . . . . . . . . . . Intentional aiding and, therefore, active complicity is the gist of the offence of abetment under the third paragraph of Section 107. ( 20 ) IN Balwant Singh v. State of Himachal Pradesh (2001)2 Femi-juris C. C. 351 Honble C. K. Thakker, Chief Justice of Himachal Pradesh as then his Lordship was, found that from the evidence on record it was proved by the prosecution that there was ill treatment by the accused towards the deceased Renu Bala, but it could not be said that the prosecution was able to establish that there was abetment by the accused to commit suicide by deceased Renu Bala because necessary ingredients of Section 107 I. P. C. were not established. ( 21 ) IN Roop Kishore Madan v. State (2001)2 Femi-Juris C. C. 296 deceased was in love with accused who was already married. There was an allegation that accused promised with deceased to divorce his first wife and marry her but that promise was not being fulfilled. Deceased in utter frustration committed suicide leaving a suicide note which also did not remotely suggest that accused had incited the deceased to commit suicide. On these facts the Court came to the conclusion that ingredients of offence of abetment were not made out from the allegations made by the prosectuion and, therefore, offence under Section 306 I. P. C. could not be said to have been committed and on that ground F. I. R. was quashed. ( 22 ) THE law regarding offence of abetment to commit suicide is thus clear. A person can be said to instigate another when incites or otherwise encourages another, directly or indirectly to commit suicide. ( 23 ) KEEPING the above legal principles in mind, I now proceed to scrutinize the material collected during investigation in order to find out whether from the allegations made by the prosecution, offence of abetment of suicide punishable under Section 306 I. P. C. is made out against the applicant and whether the instant case is one of those rarest of rare cases which requires quashing of the entire proceedings? ( 24 ) TO arrive at a right answer of the question we have to accept the prosecution alletgations as they stand. ( 24 ) TO arrive at a right answer of the question we have to accept the prosecution alletgations as they stand. It is an admitted fact that deceased persons were married in the year 1996 and a son was born out of their wedlock. Deceased wife Nimisha was the daughter of the applicant in revision and the other deceased Praveen Sharma was her son-in-law. After their marriage for sometime the married couple stayed with the parents of husband, thereafter they shifted to a rented house in Vasundhara to live separately from the parents of applicants son-in-law. It is also not disputed that on 21-3-1998 they both died unnatural death and as per the opinion of the Medical Officer who conducted autopsy cause of death of both the deceased persons was asphyxia on account of hanging. Opposite party No. 2 Rajeev Kumar Sharma, elder brother of deceased Praveen Sharma was first to see the dead bodies in the rented house where the deceased couple was living. Through a written report he informed the police that on the day of occurrence i. e. 21-3-1998 in the morning there had been some quarrel between husband and wife on some issue. "thereafter Nimisha left the house and went in the neighbourhood. When she had left the house. Praveen Sharma hanged himself from ceiling fan and committed suicide at about 11 a. m. When Nimisha came back and found her husband dead, she also committed suicide by hanging herself in another room at about 12. 20 p. m. Police came into action and inquests were held. Both the dead bodies were sent for post mortem examination. During the post mortem examination of deceased Praveen Sharma a death note whose copy has been annexed with the counter affidavit, was found in the underwear of deceased Praveen Sharma. The death note has already been quoted in the earlier part of this judgment. This death note is the sheet anchor of the prosecution case. A bare reading of this death note indicates that the husband and wife were not having cordial relations. The husband was very much annoyed with his wifes behaviour and there were discord and differences in their domestic life. As per the own case of complainant Rajeev Kumar Sharma even in the morning on the day of occurrence some quarrel had occurred between husband and wife on some issue. The husband was very much annoyed with his wifes behaviour and there were discord and differences in their domestic life. As per the own case of complainant Rajeev Kumar Sharma even in the morning on the day of occurrence some quarrel had occurred between husband and wife on some issue. As was pointed out by the Apex Court in the case of Ramesh Kumar ( AIR 2001 SC 3837 ) what happened on the date of occurrence is very material for the purpose of recording a finding on the question of abetment. Suicide note further indicates that Praveen Sharma was unhappy with his wife as he was forced by her to live separately from his parents and according to him it was enough and so he decided to end his life. The allegation against the applicant in revision was that she used to side with Nimisha. From this death note, taken at its face value, it would appear that deceased Praveen Sharma was hypersensitive to ordinary petulance, discord and differences in domestic life. Assuming for the sake of argument, that at some stage applicant in revision also advised Nimisha and her husband to live separately from her in-law,but from this mere fact it cannot be inferred that she instigated or incited or encouraged Praveen Sharma to commit suicide. There could be many reasons and one of them could be that finding married couple quarreling with each other often on account of differences with the parents of Praveen Sharma, she might have thought it better to advice Nimisha and Praveen Sharma in good faith to live separately instead of quarreling with each other daily. By no stretch of imagination it could be said that the applicant in revision induced, incited or instigated Praveen Sharma or her daughter to commit suicide. Even in the statement of witnesses recorded during investigation the only allegation against the applicant in revision was that she used to interfere in the affairs of her daughter and her husband. That also will not be enough to remotely suggest that the applicant in revision had incited or induced the deceased to commit suicide or made his life so miserable that there was no option left for him except to end his life. That also will not be enough to remotely suggest that the applicant in revision had incited or induced the deceased to commit suicide or made his life so miserable that there was no option left for him except to end his life. There is absolutely no evidence or material on record to infer that applicant in revision at any point of time instigated Praveen Sharma or created such circumstances which compelled Shri Sharma to end his life. It is also inconceivable that a mother would instigate her own son-in-law to commit suicide so as to make her own daughter a widow. It may not be out of place to mention here that presumption under Section 113 A of the Evidence Act is not available to the prosecution in this case and therefore, there should have been positive material to connect the applicant in revision either by direct or circumstantial evidence that she had abetted commission of offence of suicide which in the present case is totally lacking. Simply because Praveen Sharma could not relish interference of his wife and her mother in his married life it would not follow that the applicant in revision had the requisite mens rea to aid the commission of the offence of abetment of suicide. The material collected during investigation does not show that the ingredients of offence of abetment have been satisfied and thus on the basis of that material taken at its face value no offence under Section 306 I. P. C. is made out against the applicant in revision. In this case of the matter the entire proceedings initiated on the basis of the charge sheet submitted in the present case are liable to be quashed. ( 25 ) FOR the reasons assigned above this revision is allowed, the order of the learned Magistrate dated 18-5-2001 summoning the applicant in revision as accused on the basis of charge sheet submitted in case crime No. 91 of 1999 is set aside. The charge sheet submitted against the applicant as well as proceedings initiated on the basis of the same are hereby quashed. ( 26 ) BEFORE parting with this order this Court is constrained to remark that in this case the conduct of the investigating agency has not been fair and impartial. Though applicants husband Dr. The charge sheet submitted against the applicant as well as proceedings initiated on the basis of the same are hereby quashed. ( 26 ) BEFORE parting with this order this Court is constrained to remark that in this case the conduct of the investigating agency has not been fair and impartial. Though applicants husband Dr. S. D. Shukla had sent a complaint to the S. S. P. Ghaziabad, the same was not investigated in accordance with law on the ground that the entire matter was inquired into by C. O. City II Ghaziabad who reported that applicants daughter and son-in-law had committed suicide on 21-3-1998 and in relation to the same case crime No. 91 of 1999 under Section 306 I. P. C. has already been registered against the applicant in revision. When in the complaint sent by applicants husband specific allegations had been made that deceased Nimisha was being treated with cruelty in connection with the demand of dowry and her death occurred in abnormal circumstances within 7 years of her marriage, the investigation agency should have inquired into such allegations by at least interrogating persons living in the neighbourhood of the house where Nimisha and her husband had committed suicide. That complaint was closed merely on the ground that a case under Section 306 I. P. C. has been registered already against the applicant in revision. No investigation was made into the allegation whether deceased Nimisha soon before her death was being subjected to cruelty by her husband and his family members in connection with the demand of dowry why it was so done is anybodys guess and in this revision it is not necessary for this Court to unravel this mystery. The matter is left for being looked into by superior police officers and to take such action as they deem necessary against the erring official or officials. A copy of this order be sent to I. G. Police, Meerut Range for taking such action as he may deem necessary. Order accordingly.