JUDGMENT : Alok Singh, J. Present petition is filed assailing the charge-sheet dated 22.05.2015 as well as cognizance/summoning order dated 07.07.2015 passed thereon by the C.J.M. Haridwar whereby learned C.J.M was pleased to take cognizance of the offence punishable under Section 306 of I.P.C. 2.As per the F.I.R. registered on 09.04.2015, Case Crime No. 190 of 2015, P.S. Kotwali City Haridwar, District Haridwar, Savita Devi (deceased) was married with the petitioner Amit Choudhary and both of them were having two children out of their wedlock namely Shiva aged eight years and Shivani aged six years; Smt Savita Devi was taken to the Doon Hospital Dehradun on 05.04.2015 in a burnt condition; Naresh Kumar, brother of Smt. Savita Devi got registered the FIR in question for the offences punishable under Sections 147, 149 & 307 of I.P.C. saying that Savita Devi was set on fire by her husband Amit, mother in law Kamlesh, brothers in law Sumit and Vineet and Devrani Sushma and informant was informed by the children of Savita Devi that she was set on fire by her husband, mother-in-law, brothers in law and Devrani. 3. Dying declaration of Smt. Savita Devi was recorded by the Tehsildar on the certificate of the Medical Officer that she was conscious and was in a position to give statement. Dying declaration of Smt. Savita Devi reads as under:- “I Savita Devi, wife of Amit, aged about 26 years, resident of Gusain Gali Bhimgauda, Police Station Kotwali Haridwar was present with my husband in our house in the morning of 05.04.2015; we had quarrel quite often; in the morning of 05.04.2015 to let down my husband I poured kerosene oil and thereafter set myself on fire; at that time my husband was in the bathroom; having noticed my screams, he came out and tried to dodge the fire by putting blanket and pouring water on me; meanwhile, neighbours also came and all of them took me to the hospital; I was not set on fire by anybody and I have set myself on fire; statement was read over to me and this is correct statement of mine.” 4. There is absolutely no whisper in the dying declaration that she was ever treated with cruelty to the extent that she was having absolutely no other option except to commit suicide nor reason of such cruel behavior or cruelty has been mentioned in the dying declaration. 5. To let her husband down if lady commits suicide, it can only demonstrate weak mental condition or over sensitiveness of the deceased. 6. To constitute an offence punishable under Section 306 I.P.C., prosecution must allege that wife was subjected to cruelty with clear cut mens rea to drive the wife to commit suicide. A routine quarrel between the husband and the wife without there being any mens rea to commit suicide would not amount to abetment as defined under Section 107 of I.P.C. 7. I have carefully perused the record. I do not find any material which could demonstrate or suggest the ground of quarrel between the couple. Simple or routine quarrel in a married life does not mean intention to abet the spouse to commit suicide. 8. In view of the above discussion, I am of the firm opinion that offence punishable under section 306 of I.P.C. is not made out. It seems that in the present case, charge-sheet was filed on the sole basis of routine quarrel between the husband and the wife, which cannot be said to be justified. Criminal law should not be set on motion on the basis of hypothecation, imagination or suspicion. Asking a citizen to face a criminal trial without there being any sufficient material may lead to deprivation of personal life and liberty and it may ruin the reputation of a person/citizen of this country. Therefore, Investigating Agency should be sensitive to the fact that none should be asked to face the prosecution without there being any sufficient material justifying the prosecution. 9. Consequently, petition succeeds and is allowed. Impugned FIR as well as charge sheet and the entire proceedings of Criminal Case No. 6664 of 20152, State Vs. Amit Choudhary, pending in the court of C.J.M., Haridwar are hereby quashed. 10. Let copy of this judgment be forwarded to the C.J.M. Haridwar for information and record.