JUDGMENT : S.M. Modak, J. 1. These are the applications filed by Directors of a Company by name 'M/s. Swami Fuels Pvt. Ltd.' They are engaged in the business of supply of coals. They are having Head Office at Nagpur and a branch Office at Chandrapur. They are being prosecuted for abetting the commission of a suicide by their employee/Cashier by name Ashokkumar Agrawal. He committed suicide by hanging in the early morning of 27th July, 2018 in his house at Chandrapur. The house belongs to his maternal brother Shamsunder Mittal (another Director of the Company but not being arrayed as an accused). 2. There is an allegation that the deceased was being questioned over accounting of Rs. Two Lacs by the Directors since the evening of 26th July, 2018. The relatives were informed about unnatural death of deceased Ashokkumar. His brother Mohanlal Shankarlal Agrawal lodged a Complaint with Ram Nagar Police Station, Chandrapur on 28th July, 2018. Police have registered an offence under Sections 306, 201 r/w. 34 of the Indian Penal Code. He has held the applicants responsible for the death of his brother. Applicant No. 1-Sandeep Omprakash Agrawal and Applicant No. 2-Ranjeet Singh s/o. Tarlochan Singh Chabda (Criminal Application No. 774 of 2018] are the Directors of the Company, so also the sole Applicant-Nitin Marotrao Upare (Criminal Application No. 775 of 2018] is also another Director, whereas Applicant No. 3-Omprakash Maniram Agrawal (Criminal Application No. 774 of 2018] seems to be father of the Director-Shyamsundar Agrawal/Mittal. Though Applicant-Omprakash is not the Director, he has attended the meeting. When we have described Directors in this order, we have not used the term in narrow sense. We mean to refer to Omprakash also [though he is not the Director, but father of the Director]. 3. The grievance of the petitioners is that their prosecution is finest example of misuse of the powers and in fact, the allegations prima facie do not fall under the definition of 'abetment'. So the issue before us is whether a case for quashing is made out or whether the parties will be relegated to face the trial. We have heard learned Senior Advocate Mr. S.V. Manohar with Mr. P.S. Jaiswal for the applicants, Mr. S.S. Doifode, learned A.P.P. for non-applicant no. 1 and Mr. U.P. Dabale, learned Counsel for non-applicant no. 2. So the issue before us is whether a case for quashing is made out or whether the parties will be relegated to face the trial. We have heard learned Senior Advocate Mr. S.V. Manohar with Mr. P.S. Jaiswal for the applicants, Mr. S.S. Doifode, learned A.P.P. for non-applicant no. 1 and Mr. U.P. Dabale, learned Counsel for non-applicant no. 2. It will be material to see the allegations as disclosed from the F.I.R. and from the papers shown to us during arguments. PROSECUTION CASE 4. It is alleged that deceased Ashokkumar was working as a Cashier in the Company of applicants since last six months. He was posted at Chandrapur. He was brother of first informant Mohanlal. He was also working as a Supervisor in the same Company since last six months, but at Nagpur. Deceased married with one Ranu Agrawal in the year 2017 and they were having 1½ months' daughter. There is an allegation that wife Ranu was trying to establish contact with her husband since morning of 26th July, 2018. She was told by Praful Khanke, colleague of deceased that the deceased was busy in the Office work. It was at 12.00 in the midnight. There is an allegation that the applicants came to the Office in the evening at 6.30 p.m. of 26th July, 2018 at different times and they have questioned the deceased on account of unaccounting of Rs. Two lacs. There is an allegation that the meeting continued at late night hours and the applicants even visited the house of the deceased and searched it. There is also an allegation that, after returning home, the deceased went to Chandrapur Railway Station and he was being brought back by the Office colleague Rajat Piprikar. There is an allegation that the deceased disclosed about embarrassing position faced by him due to questioning by the applicants. He disclosed it to his colleague Rajat Piprikar, his wife Ranu and another colleague Praful Khanke at different times. There is an allegation that deceased sent suicidal note on whatsapp number of Prafulla Khanke in the early hours of 27th July, 2018. There is an allegation that, due to this harassment, the deceased hanged himself and put an end to his life. ISSUES BEFORE US 5. Now, while dealing with this petition, broadly there are two issues involved before us. There is an allegation that, due to this harassment, the deceased hanged himself and put an end to his life. ISSUES BEFORE US 5. Now, while dealing with this petition, broadly there are two issues involved before us. One is the scope of exercise of power of quashing and second is whether prima facie the ingredients of Section 306 of Indian Penal Code are made out. Both the sides have relied upon number of judgments. 6. The scope of the inherent powers to quash the proceeding is no more res integra. The parameters before quashing the proceedings are also well defined. It can be used for preventing abuse of the Court, for the ends of justice or for giving effect to an order under this Code. The phrase "preventing abuse of the Court" is not defined. It has been interpreted in various judgments. It means to say for doing justice, for stopping a wrong to one person and at the same time, discouraging a mala fide person for using the legal system as a tool for making out his vengeance. At the same time, there is a word of caution before exercising such power. Court is expected to see the materials by taking prima facie view and not by scrutinizing the materials as if Court is sitting as a Court of appeal or revision. 7. There are two paramount considerations. One is to consider the material as it is [without undergoing an exercise of corroborating it with each other, without going into genuineness, veracity of the witness] and second is to anticipate the effect of such materials at the time of conclusion of the trial. According to us, if such materials as they are, are allowed to be brought on record during trial and if the consequences will be of acquittal, then this Court is certainly justified in quashing the proceedings rather than compelling the accused to face the ordeal of the trial. RATIOS IN THE JUDGMENTS 8. We have read the Judgments relied upon by both the sides very minutely. In some of them, charge under Section 306 of Indian Penal Code was set aside/quashed, whereas in some of them, it was not quashed. When we have seen the relationship in between the deceased and the accused in those respective cases, we find that the relations are multi-fold. In some of them, charge under Section 306 of Indian Penal Code was set aside/quashed, whereas in some of them, it was not quashed. When we have seen the relationship in between the deceased and the accused in those respective cases, we find that the relations are multi-fold. That is to say, they were of husband-wife, employer-employee, borrower-lender, superior-inferior, neighbour-neighbour, paramour-paramour etc. On reading these Judgments, we have drawn one more inference. The act of suicide is the consequence of certain acts that precedes the act of suicide. It is important to understand whether the act complained of falls within the framework of law or part of duty or not. If it was part of a duty of abettor, the preceding acts were held not amounting to abetment. Wherever the suicide was the direct consequence of the objectionable act and wherever there was a mens rea, it was held that it amounts to abetment. JUDGMENTS RELIED UPON BY APPLICANTS 9. When we perused these Judgments, we find that when the suicidal act was having a background of the relationship of lender-borrower, superior-inferior, charge under Section 306 of IPC was quashed. It was in case of Sopan s/o Angadrao Akela vs. State of Maharashtra & Anr., reported in 2017 ALL Mr. (Cri.) 1829. Block Development Officer called explanation of employee/deceased for absenteeism. He committed suicide by hanging. The proceedings were quashed for the reason that calling explanation was a part of his official capacity. Whereas, a notice was issued by the borrower to the lender deceased and the deceased committed suicide by consuming poison. The deceased expressed his wish to put an end to his life with his father. It was held to be a fit case for quashing. These are the facts of the case of Ramesh Someshwarrao Tayde & Anr. vs. State of Maharashtra & Anr., reported in 2016 ALL Mr. (Cri.) 5049. 10. Educational institutions are also not free from these incidents. Even students are committing suicide if they are being questioned about their indiscipline. When there was a theft of a mobile and two students were blamed, one of them being the deceased. Security Officer/appellant conducted an inquiry. The deceased committed suicide by jumping in front of the train. The appellant was joined as an accused in view of the provisions of Section 319 of the Code of Criminal Procedure. When there was a theft of a mobile and two students were blamed, one of them being the deceased. Security Officer/appellant conducted an inquiry. The deceased committed suicide by jumping in front of the train. The appellant was joined as an accused in view of the provisions of Section 319 of the Code of Criminal Procedure. Hon'ble Supreme Court quashed the charge for abetment of suicide. This is in the case of S.S. Chheena vs. Vijay Kumar Mahajan & Anr. reported in 2010 ALL Mr. (Cri.) 3298 (S.C.). Similarly, when the accused who was detained in correctional home for facing a charge of sexual abuse, committed suicide. He belongs to one faction of ISKCON group. In the suicidal note, he held responsible members of a rival group. The learned Magistrate refused to order for further investigation when there was a closure report by the police. On facts, Hon'ble High Court held that mere reference in the note is not sufficient. These are the facts of Anil Kr Sarkar vs. State of W.B. & Ors.. reported in 2009 CRI.L.J. 4678. 11. There was also a suicidal incident amongst the Police Officers, one of the team member of the investigation team committed suicide. He was a part of C.B.I. The team was appointed by Hon'ble High Court. The team was investigating the death due to Police atrocities. He committed suicide and blamed his inferior Officer. The State went in appeal against the quashing order and it was turned down. This was in case of State of Kerala & Ors. vs. S. Unnikrishnan Nair & Ors.. reported in AIR 2015 SC 3351 . 12. There are also several instances of suicide arising out of matrimonial relationship. The members of the family had to visit a theme park, the deceased wife and her husband were denied travelling through the family car. The deceased was asked to bring a car from the parents. Deceased did visit the theme park, but by bus. Within few days, she committed suicide by hanging. Quashing petition was allowed to the extent of Sections 498-A, 304-B of IPC. Rest to the extent of Section 306 of IPC was allowed by the Apex Court. These are the facts of M. Mohan vs. State represented by the Deputy Superintendent of Police Velmurugan & Anr. reported in AIR 2011 SC 1238 . Quashing petition was allowed to the extent of Sections 498-A, 304-B of IPC. Rest to the extent of Section 306 of IPC was allowed by the Apex Court. These are the facts of M. Mohan vs. State represented by the Deputy Superintendent of Police Velmurugan & Anr. reported in AIR 2011 SC 1238 . When the wife committed suicide within one year of the marriage, the charge under Section 306 was set aside and the conviction under Section 498-A of IPC was maintained. It is a landmark Judgment, in which the word 'abetment' is interpreted. It is in case of Ramesh Kumar vs. State of Chhattisgarh. reported in (2001) 9 SCC 618 . 13. Similar incident of a suicide by a wife took place in case of Sohan Raj Sharma vs. State of Haryana. reported in 2008 CRI.L.J. 2569 (SC). Deceased consumed poison and also gave poison to her children. The appellant/alleged husband was described as sexual pervert and he behaves like an animal. In the letter, wife blamed husband. It was held insufficient and conviction was set aside. 14. All above Judgments are relied upon by Shri S.V. Manohar, learned Senior Advocate for the applicants. He relied upon one more Judgment and it is in case of Chitresh Kumar Chopra vs. State (Government of NCT of Delhi), reported in (2009) 16 SCC 605 . Coincidently, this judgment is relied upon by the State also. There was a partnership business dealing in real estate. Partners decided to change their shares amongst themselves. Deceased was pressurized to sign on a settlement paper containing a term reducing his share from 25% to 10%. He was not ready. Due to harassment, he committed suicide by firing with licensed revolver. The plea for discharge was rejected by the trial Court and by Hon'ble High Court. So too, by the Hon'ble Supreme Court. Possibly the applicants want to rely upon this Judgment because the interpretation given to the word 'instigation' is reiterated. JUDGMENT RELIED UPON BY PROSECUTION 15. When, there was a harassment at work place of the deceased and to make illegal demands for non-fulfillment, it was held to be a fit case for invocation of Section 306 of I.P.C. It was in case of Pravin Pradhan vs. State of Uttaranchal & another, reported in (2012) 9 SCC 734 . 16. JUDGMENT RELIED UPON BY PROSECUTION 15. When, there was a harassment at work place of the deceased and to make illegal demands for non-fulfillment, it was held to be a fit case for invocation of Section 306 of I.P.C. It was in case of Pravin Pradhan vs. State of Uttaranchal & another, reported in (2012) 9 SCC 734 . 16. When an agent collected earnest money from prospective purchasers and gave it to the owner. The owner instead of executing sale-deeds, ran away with money. Prospective purchasers pressurized the agent deceased to executive a sale-deed and he committed a suicide. Although, Supreme Court refused to quash the charge, which are the best cases of exercising the inherent powers were reiterated. So too the difference in between the Court exercising inherent power and the Revisional/Appellate Court was laid down. It is in the case of Didigam Bikshapathi vs. State of Andhra Pradesh, reported in 2008 (2) Mh.L.J. (Cri.) 307. When deceased was not being paid Rs. Three Lacs by the accused. He committed suicide. The amount was paid for getting an employment. Hon'ble High Court in case of Pravin Baliram Rakh Vs. State of Maharashtra [2014 All Mr. (Cri.) 958] refused to quash F.I.R. as it involves microscopic evaluation. The appellant Rasika was convicted under Sections 306 and 386 of I.P.C. It was upheld. She was unmarried and she blackmailed the deceased, who is a married person and took his nude photographs. On evidence, the conviction was held proper. It was in case of Rashika @ Rishigandha Shetye vs. State of Goa. reported in 2014(1) Mh.L.J. (Cri.)462. State too relied upon the Judgment in case of Ramesh Kumar vs. State of Chhattisgarh (supra). ISSUE BEFORE US 17. On this background, we will come to the facts of the case and will try to satisfy ourselves whether a case is made out for trial or whether to relegate the parties to face the trial. It would be material to consider the allegations in the F.I.R. and as depicted from the documents shown to us during arguments. ALLEGATIONS IN CASE BEFORE US 18. We are aware about the limitations on the powers in such petition. Court is not supposed to appreciate the material but to take a prima facie view by reading the documents as it is. With that limitations in mind, only we have read the papers. ALLEGATIONS IN CASE BEFORE US 18. We are aware about the limitations on the powers in such petition. Court is not supposed to appreciate the material but to take a prima facie view by reading the documents as it is. With that limitations in mind, only we have read the papers. If we read the F.I.R. lodged by Mohanlal Agrawal being brother of the deceased and other papers made available, we can gather that he has lodged the complaint on the basis of information given to him by the witnesses. The deceased committed suicide on 27th July, 2018 in his room [situated in the house belonging to not arrayed Director-Shyamsundar Mittal] by hanging. The papers disclose that, earlier to this, there was a marathon meeting in the Chandrapur Office of the Company. It started at 6.30 p.m. and ended at 12.00 in the midnight. It was attended by all the applicants and the deceased. The agenda of the meeting was explanation about unaccounting of Rs. Two Lacs. 19. The papers further reveal that the deceased was required to produce the documents and he was called in the chamber of Directors. Papers further reveal that the applicants visited the house of the deceased and searched it. However, they did not find any objectionable thing. Papers further disclosed that, after the meeting, the deceased went home. There are statements of witnesses including Ranu Agrawal, wife of the deceased, Rajat Piprikar and Prafulla Khanke [both the colleagues of the deceased] and of Shamsundar Mittal [non-arrayed accused/Director of the Company]. 20. These statements show that wife of the deceased could not initially contact the deceased. It further discloses that the mobile phone of the deceased was taken over by the applicants. Though Rajat Piprikar, Ranu Agrawal established contact with the deceased. It further discloses that the deceased shared with his wife and colleagues Piprikar and Khanke about pressure exerted by the applicants and a doubt expressed on his integrity. In the morning of 27th July, 2018 at 5.30 a.m., the deceased told his colleague Khanke about sharing of digital suicide desire through WhatsApp. FINAL CONCLUSION 21. Both the sides have filed numerous citations. No doubt, it compels us to read them which is part of our duty. At the same time, it really helped us to consider the exact view to be taken depending upon the facts of the case. FINAL CONCLUSION 21. Both the sides have filed numerous citations. No doubt, it compels us to read them which is part of our duty. At the same time, it really helped us to consider the exact view to be taken depending upon the facts of the case. It also helped us to dissect the facts [without going into their details]. After dissection, we have enumerated three factors to be considered by any Court before exercising quashing jurisdiction. We think, it will be useful to every Court. They are as follows :- [a] To understand the nature of acts complained/role of the accused. [b] What is the relationship in between the accused persons on one hand and the deceased on the other hand, and [c] To understand the effect on the accused. 22. Because we feel that the relationship in between the accused on one hand and the deceased on the other hand do also play a vital role in deciding the controversy. In this case, admittedly, the relationship is that of employer [applicants] and the employee [deceased]. It is also important to note that if employer questions an employee, nothing wrong much less illegal or instigatory could be seen. So, the applicants being employers are fully justified in questioning the deceased about unaccounted money of Rs. Two Lacs. When we are opining, we are not making any comment on pros and cons of that allegations. We are not saying that really it has happened or doubting its happening. We have taken those instances as it is. When the applicants sat together in the Office at late hours in the night, they must have realized the importance of the situation. They must be fully aware about the role of the deceased in that episode. Considering the emergency, if they have decided to visit the house of the deceased, we do not feel that they have committed any excess. This house search was not by force. It was voluntary. It is important to note that deceased's paternal brother, Shyamsundar Mittal, also accompanied him. We do not find prima facie any such compulsion done on behalf of applicants as could be said to be intentionally instigating or compelling the diseased to commit suicide. 23. We are not being influenced by the telephonic communication in between the deceased on one hand and his wife, and the witness Prafulla Khanke on the other hand. We do not find prima facie any such compulsion done on behalf of applicants as could be said to be intentionally instigating or compelling the diseased to commit suicide. 23. We are not being influenced by the telephonic communication in between the deceased on one hand and his wife, and the witness Prafulla Khanke on the other hand. It is only by way of sharing of the feelings and nothing more. It is a natural conduct of witness Rajat Pimprikar to go to Chandrapur Railway Station when requested by Ranu Agrawal to assist the deceased. 24. Even though these instances are there, we feel that it falls short to fulfill the ingredients of Section 107 of Indian Penal Code and more specifically instigation. Law presupposes the acts complained should be of such nature so as to occupy the mind of the deceased totally and leaving deceased with no option but to put an end to his life. Law presupposes the acts should be of such magnitude so that deceased has no option to take recourse to another alternative. In the Judgments referred above, there are facts involving continuous harassment. There are facts even involving utterance of the words go and die and still not amounting to abetment. While deciding the cases, the Courts have considered various factors including the standing of the deceased, his position, inter-se relationship, circumstances, duration of harassment, utterances, option to take recourse to another remedy etc. What is punishable is ill-treatment and not uncomfortable situation created due to rightful persuasion to trace unaccounted money. 25. We feel that in this case the acts established against the applicants do not fall within the ambit of Section 107 of Indian Penal Code, basically for the two reasons. One is the relationship of employer and employee prima facie justifies the act of questioning the deceased by the applicants. If you will hold employer responsible for this act, no employer will dare to question their employees for his Official obligations. Second reason is the duration of alleged harassment is too short. It ranges from the evening of 27th July, 2018 upto the midnight. Furthermore, there was a time for the deceased to come out of that alleged mental pressure and he has tried to remove that pressure by sharing with his wife and two of his colleagues. So, we feel that the deceased was having a depressive tendency. It ranges from the evening of 27th July, 2018 upto the midnight. Furthermore, there was a time for the deceased to come out of that alleged mental pressure and he has tried to remove that pressure by sharing with his wife and two of his colleagues. So, we feel that the deceased was having a depressive tendency. In such a situation, we cannot hold the third party responsible. 26. Ultimately, this is a stage wherein Court has to intervene and to prevent the machinery of the Court being used to harass the litigants. The materials taken as it is will not satisfy the ingredients of Section 107 of IPC even if put to trial and hence we are not inclined to allow continuation of the trial and to be party in the design of the first informant supported by the police to harass the applicants. Hence, a case for quashing is made out. The applications are allowed. Prosecution is quashed and set aside against all applicants.