'Omnibus Allegation': Madhya Pradesh High Court Quashes 'Abetment To Suicide' Case Against Hostel Warden, Worker

The Madhya Pradesh High Court has quashed a case of abetment of suicide filed against the warden of Barwani-based Eklavya Adarsh and one of its workers. A 14-year-old girl, a Class 8th student, was found hanging in the girls' hostel in July 2022.

“In the instant case, the only allegation against the petitioners is that they have not provided a suitable room to the ... in the hostel and they did not call her for lunch and dinner. Petitioner no. 1 (warden) was never available at the hostel. Petitioner no. 1 used to make every girl in the hostel clean the premises. Prior to the incident the deceased did not make any complaint against the petitioners before their higher authority or before any police station,” said Justice Anil Verma.

From the perusal of the suicide note, it appears that there is no instigation, provocation, suggestion or force for committing suicide, except the statements of relatives of the deceased, there is nothing on record to show that the deceased was being harassed by the petitioners, the court added.

The court was hearing the plea seeking quashing of the FIR registered for offences under section 305, 306 and 34 of IPC against the hostel warden and worker for abetting the suicide.

It was alleged that whenever the deceased told anything to the warden, she used to shout at her. The warden would make the deceased and other girls in the hostel clean the premises like peons, it was alleged. It was also stated that the deceased had also informed her mother that Dinesh, a peon at the hostel, used to make her sift grains and do his personal work. The family of the deceased alleged that due to the ill treatment meted out to the deceased by the present petitioners, she committed suicide.

The court referred to the case of Rajesh Vs. The State of Madhya Pradesh, wherein it held that, “For framing charges under Section 306 of IPC, there has to be a mens rea to impel or incite the subject to commit suicide. It is also requires an active or direct act, which lead the deceased to commit suicide and this act must push the deceased into such a position that he sees no option except to annihilate his own life.”

"Only omnibus allegation has been levelled against the petitioners It is also pertinent to note that the allegation levelled against the petitioners does not amount to abatement to commit suicide. Hence, in view of the settled law in the case of Rajesh (supra), this Court of the considered opinion that there is no mens rea to impel or incite the deceased to commit suicide," it added.

While quashing the case, the court said, “I find that the prosecution of the present petitioners tentamounts to abuse of process of law. Hence, it is a fit case where the power under Section 482 of the Cr.P.C. can be exercised.”

Case Title: Smt Vimla & Others v. State of MP

Case Citation: 2023 LiveLaw (MP) 69

Advocate Ashish Gupta appeared for the petitioners and Advocate Harsh Rana for state

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