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Madhya Pradesh High Court · body

2013 DIGILAW 1565 (MP)

Kalu @ Ramlakhan Dangi v. State of M. P.

2013-12-18

N.K.GUPTA

body2013
ORDER 1. As prayed by learned counsel for the parties, heard them finally. 2. The applicant has preferred the present petition under section 482 of the CrPC to quash the proceeding of the Crime No. 186/13 registered at Police Station Jaisinghnagar, Distt. Sagar. 3. Facts of the case, in short, are that on 15.9.2013, the applicant was distributing “Prasad” to various persons. The deceased complained that he was given less quantity of “Prasad”” and thereafter he had thrown that “Prasad” on the ground, therefore, the applicant assaulted him. On 16.9.2013, the applicant gave threat to the deceased that he should not inform to anyone about the incident took place on 15.9.2013 and therefore, the deceased committed suicide. 4. After considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, it would be apparent that there should be a direct nexus between the act of suicide and overt acts done by the applicant. In the present case, if the overt acts of the applicant are considered, then he did not induce the deceased to commit suicide. The overt acts of the applicant do not fall within the purview of section 107 or 109 of teh IPC. If the applicant assaulted the deceased on 15.9.2013, then deceased could have lodged an FIR against the applicant. It appears that upto 16.9.2013 the deceased did not take any step against the applicant and thereafter, he gave threat to him not to inform about the previous incident. When the incident was not so grave, there was non need to the deceased to inform about the incident to anyone. Therefore, the alleged threat given to the deceased was not so important. The deceased committed suicide due to any other reason and the reason was suppressed by the parents and relatives of the deceased. If the deceased was aggrieved with the acts of the applicant, then he would have informed about the incident to his family members and he could have lodged an FIR against the applicant. The overt acts of the applicant were no such so that the deceased was left with no other option except to commit suicide. Under such circumstances, it cannot be said that the deceased had committed suicide due to instigation of the applicant. Prima facie, no offence under section 306 of the IPC is made out against the applicant. 5. The overt acts of the applicant were no such so that the deceased was left with no other option except to commit suicide. Under such circumstances, it cannot be said that the deceased had committed suicide due to instigation of the applicant. Prima facie, no offence under section 306 of the IPC is made out against the applicant. 5. On the basis of the aforesaid discussion, the petition under section 482 of the CrPC filed by applicant Kalu @ Ramlakhan Dangi can be accepted. Consequently, it is hereby allowed. The Crime No. 186/13 registered at Police Station Jaisinghnagar, Distt. Sagar is hereby quashed. 6. Accordingly, if any trial is pending against the applicant, then is shall be dropped by the concerned trial Court. 7. A copy of the order be sent to the C.J.M., Sagar to inform the concerned Court.