[S. 306 IPC] Compliant Filed Before A Lawful Authority Cannot Amount To Abetment To Suicide: Kerala High Court

Justice Bechu Kurian Thomas stated thus:

“A mere complaint to a lawful authority against a person cannot be treated as an abetment as contemplated under Section 107 I.P.C. A person is, by law, entitled to complaint against another to a lawful authority. On receipt of such a complaint, the competent authority is also entitled to inquire or investigate into the complaint as the case may be. If such acts are treated as abetment, then every individual will think twice before raising a complaint against a person, which would not augur well in the interests of a welfare state. Filing a complaint before a lawful authority cannot amount to instigation or abetment of suicide, as the intention in filing the complaint is not to instigate or goad the deceased to commit suicide.”

The petitioners are accused of a crime alleging commission of abetment to suicide under Section 306 read with Section 34 of the IPC. They have approached the Court to quash the final report filed against them.

The prosecution case was that the deceased hanged himself in the year 2016 after writing two suicide notes naming the petitioners as responsible for his death.

The Petitioners contended that the two letters found near the body of the deceased would not connect them to his suicide. It was stated that the only allegation against the petitioners in the suicide note was that they filed a complaint against the deceased at the police station. It was stated that the deceased committed suicide when he was called to the police station for investigation based on the complaint. It was thus submitted that a complaint submitted to a lawful authority cannot amount to abetment to suicide.

The Court stated that the offence of abetment would only arise when there is an instigation or goading to commit suicide. It stated that filing a complaint to a lawful authority would not mean 'abetment' as defined under Section 107 of the IPC.

“In the decision in Mahendra Singh and Another Gayatribai v. State of M.P. [1995 Supp. (3) SCC 731], the Supreme Court had considered the definition of the word 'abetment' under Section 107 I.P.C. and held that a mere allegation of harassment of the deceased would not be sufficient to attract the offence of abetment to commit suicide”, added the Court.

The Court further stated that if filing a complaint before the police is treated as an abetment, then people would hesitate to approach any lawful authority with their complaints.

It further stated that by no stretch of imagination, the petitioners intended that the deceased would commit suicide for filing a complaint before a lawful authority.

The Court thus stated that there was no material evidence to suggest that the petitioners intended to instigate the deceased to commit suicide.

Accordingly, the Court allowed the petition and quashed the final report against the petitioners.

Counsel for Petitioner: Advocates S Sreekumar, K Vijayan, Namitha Rajesh

Counsel for Respondents: Public Prosecutor Sreeja V

Citation: 2024 LiveLaw (Ker) 392

Case Title: Murali@Muralidharan V State OF Kerala

Case Number: CRL.MC NO. 7228 OF 2019

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