Judgment M.M.Aggarwal, J. 1. This is a petition against order dated 13.8.2005 passed by the Additional Sessions Judge, Faridkot whereby the present petitioner had been charged for the offence under Sections 306/34 IPC for abetting the commission of suicide by one Happy. 2. Prosecution case had been that Renu accused was in love with Happy for the last seven years and they had been writing letters to each other and had been meeting. On 5.12.2004 in the evening when Happy deceased along with his elder brother Danial was going somewhere then on the way accused Jaikab Pal and his son Babbu met them and after stopping Danial and Happy they told Happy that he should not think about Renu and leave her alone and if he does not do so then he will be finished. Happy took this thing to his heart and mind. Then, on the next day morning after writing a suicidal note, he committed suicide after hanging his body with rope. The matter was reported to the police. Police registered a case and investigated and then had challened the present petitioners Renu Bala, stated to be beloved of Happy and Jaikab and Amit Kumar, brothers of Renu Bala for the offence under Section 306/34 IPC. 3. From the perusal of the Lower Court Record, it came out that there were some letters in between Happy and Renu showing their love affairs. Then there is suicide note of Happy, stated to have been taken out from his pocket. It shows that he had been cheated since he had not been able to marry Renu and that Renu, Babbu and her father were responsible for his death and that he should be forgiven and all the photos and letters of Renu should be returned. That this Renu had destroyed his seven years of life and Renu should be told that he has died because of Renu. Section 107 IPC reads as under : "107. That this Renu had destroyed his seven years of life and Renu should be told that he has died because of Renu. Section 107 IPC reads as under : "107. Abetment of a thing - A person abets the doing of a thing, who First - 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 the thing." 4. In this case, Happy had admittedly committed suicide since Renu and her brothers had not agreed to the marriage of Renu with him. 5. From the facts and circumstances of the case, it cannot be said that Renu or her brothers had instigated Happy to commit suicide or had entered into conspiracy that Happy should commit suicide or had intentionally did any act to lead Happy to commit suicide. Merely she and her brothers did not agree for marriage of Renu with the petitioner, if petitioner had taken his life out of frustration for having not been able to marry Renu, it will not amount to abetment by Renu or her brothers. 6. Under these circumstances, I find merit in the present petition and in view of this, order dated 13.8.2005 passed by the Additional Sessions Judge, Faridkot is set aside and the petitioner shall stand discharged.