JUDGMENT : P.N. Deshmukh, J. 1. Rule returnable forthwith. Heard finally by consent. 2. Prayer in this petition is for quashing of charge-sheet filed before the Competent Court arising out of F.I.R. No.145 of 2018 registered by Police Station, Sakoli, District Bhandara for the offence punishable under Section 306 r/w. 34 of the Indian Penal Code. Applicant is arrayed as accused no.2 in the present crime. Learned Counsel for the applicant submitted that deceased Rashmi Sakhare, aged 24 years was residing with her aunt in a rented premises at Sakoli as she had lost her mother at an early age and her father had performed second marriage with Mangala Sakhare. 3. Applicant was prosecuting his education and for that purpose, was visiting local Library where other students also used to visit and in addition to this, was also holding coaching classes for students appearing in Competitive examination. In June, 2017, the deceased used to visit the library and was also interested to join applicant's study group circle to prepare for Competitive examination. As such, the applicant and the deceased knew each other. With one of the students of the Study Circle by name Amit Vaidya from Sakoli, deceased had cordial relations and in fact, was in love with him. However, he left Sakoli to join his studies at Aurangabad due to which deceased was mentally disturbed and the deceased after having indulged in quarrel with her aunt on 25.8.2018, in a fit of rage, poured kerosene on herself and set her person on fire, due to which she sustained 80% burn injuries and succumbed to same while undergoing treatment in General hospital, Sakoli on 26.4.2018. In the background of above facts, it is submitted that, according to the case of prosecution, while deceased was in hospital, her statement was recorded and on the strength of said statement, after her death, offence is registered under Section 306 r/w. 34 of the Indian Penal Code. Learned Counsel for the applicant, however, contended that no such offence can be registered against the applicant even on considering contents of dying declaration as the dying declaration refers to abusing and teasing by applicant in December, 2017 when the deceased did not attend the Study Circle since July, 2017. Learned Counsel for the applicant, however, contended that no such offence can be registered against the applicant even on considering contents of dying declaration as the dying declaration refers to abusing and teasing by applicant in December, 2017 when the deceased did not attend the Study Circle since July, 2017. It is, thus, contended that since the incident is of 25.4.2018 and allegations are of December, 2017, the same cannot be associated with this crime in any manner. It is, infact, submitted that the deceased committed suicide due to quarrel with her aunt; however, the applicant is falsely involved and it is, therefore, prayed that the application be allowed. 4. Perusal of dying declaration on record at page 48, dt.25.4.2019 recorded by Police H.C. Punde in the presence of doctor would reveal that, the applicant, on 8th December, 2017, had quarreled with deceased in the Library and therefore, she committed suicide on 25.4.2018 in her house by setting her person on fire. In fact, the Inquiry Report submitted to Senior P.I. Sakoli Police Station by PSI Ravindra Revatkumar on investigating A.D. No.12 of 2018 would reveal that co-accused Yuvraj Sahare had seen deceased having bath in her bathroom prior to incident and since then, was causing mental torture to her saying that he would have physical relations with her and on that count, started providing illtreatment to her. From the report, it is further revealed that, four days prior to incident, co-accused Yuvraj Sahare had abused the deceased. 5. As against applicant, during the investigation what is revealed is that, in the month of December, 2017, applicant had teased deceased in the Library and nothing more. The sole incident alleged to have taken place about six months prior to deceased committing suicide is the only incident alleged against the applicant, which do not stand for any reason in the eye of law attracting provisions of Section 306 of the Indian Penal Code. On perusal of case diary, except for such involvement, we did not find anything adverse against the applicant and from the statements of Manda Sakhare and Mahendra Sakhare, father of deceased, applicant's involvement is only to the limited aspect of his insulting deceased by abusing her in filthy language. However, there is no evidence on record to show as to how these witnesses knew about such incident which, according to the dying declaration, took place in the Library. However, there is no evidence on record to show as to how these witnesses knew about such incident which, according to the dying declaration, took place in the Library. Except for such sole statement in dying declaration, there is nothing on record. In that view of the matter, we find no substance when it is submitted by learned Additional Public Prosecutor that there is ample evidence against the applicant to establish that he abetted and instigated deceased to commit suicide. 6. In the case of Chitresh Kumar Chopra vs. State (Govt. of NCT of Delhi), (2009) 16 SCC 605 , Hon'ble Apex Court had an occasion to deal with this aspect of abetment. The Court dealt with the dictionary meaning of the words “instigation” and “goading”. The Court opined that there should be intention to provoke, incite or encourage the doing of an act by the latter. Each person's suicidability pattern is different from the other. Each person has his own idea of self-esteem and self-respect. Therefore, it is impossible to lay down any straitjacket formula in dealing with such cases. Each case has to be decided on the basis of its own facts and circumstances. 7. By now, in a catena of judgments, the Apex Court has considered the scope and meaning of “abetment” under Sections 107 and 306 of the Indian Penal Code to find out whether the charge and conviction for an offence under Section 306 of the Indian Penal Code can be sustained merely on the allegations of harassment of the deceased and whether the ingredients of abetment are attracted on the basis of the statement of the deceased. 8. In order to properly comprehend the scope and ambit of Section 306 of the Indian Penal Code, it is important to carefully examine the basic ingredients of Section 306. The said Section, is reproduced, thus: “306. 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 under Section 107 of the Indian Penal Code. The said Section, is reproduced, thus: “306. 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 under Section 107 of the Indian Penal Code. The said Section, is reproduced, thus : “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 that thing. Explanation 1-A person who by willful misrepresentation, or by willful 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, knowing that fact and also that C is not Z, willfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. 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 thereof, is said to aid the doing of that act.” 9. Thus, the offence of abetment is a separate and distinct offence provided in the Act as an offence. A person, abets the doing of a thing when he instigates any person to do that thing; or (2) engages with one or more other persons in any conspiracy for the doing of that thing; or (3) intentionally aids, by act or illegal omission, the doing of that thing. These things are essential to complete abetment as a crime. The word “instigate” literally means to provoke, incite, urge on or bring about by persuasion to do any thing. The abetment may be by instigation, conspiracy or intentional aid, as provided in the three clauses of Section 107. These things are essential to complete abetment as a crime. The word “instigate” literally means to provoke, incite, urge on or bring about by persuasion to do any thing. The abetment may be by instigation, conspiracy or intentional aid, as provided in the three clauses of Section 107. As such, in case of abetment of suicide there must be proof of direct or indirect acts of incitement to the commission of suicide. 10. After considering the above facts and legal propositions, when the F.I.R. as well as statements are perused, they do not spell out any of the ingredients attracting Section 306 of the Indian Penal Code as from the F.I.R. it cannot be said that applicant, in any manner, abetted or instigated deceased to commit suicide. In that view of the matter, we can safely arrive at the conclusion that applicant is not even remotely connected with the offence as no ingredients of “abetment” as required are attracted against him for the offence registered since it is necessary for prosecution to atleast prima facie establish that applicant had intentionally aided or abetted the deceased to commit suicide. In the absence of availability of any such material, applicant cannot be prosecuted for Section 306 of the Indian Penal Code. In that view of the matter, Criminal Application is liable to be allowed as it is noted that, prior to deceased committing suicide, there was quarrel between herself and her aunt with whom she was residing and immediately thereafter, she committed suicide. In the circumstances, First Information Report No.145 of 2018 registered by Police Station, Sakoli, District Bhandara and charge-sheet arising out of said crime and registered as Sessions Trial No.35 of 2018 is quashed and set aside qua applicant, who is original accused no.2 in the proceedings. Criminal Application is accordingly disposed of.