Code of Criminal Procedure, 1973: s.482 – Allegation against
appellant was that the son of the complainant committed suicide
due to mental harassment meted out by the appellant – Appellant
was physical Training Teacher in the school where complainant’s
son was student – Appellant was also assigned responsibility for
maintaining overall discipline by the students of the school – The
allegations in the FIR was that the appellant had harassed and
insulted her son in the presence of everyone due to which he was
under deep mental pressure and committed suicide – High Court
dismissed s. 482 application for quashing the FIR – Hence the
instant appeal – Held: To constitute an alleged abetment of suicide
under s.306 IPC, there must be an allegation of either direct or
indirect act of incitement to the commission of offence of suicide –
In the FIR and as also the statement of the complainant recorded by
the police, no reasons or cause for the appellant to harass and
insult the victim were spelled out nor there were any details with
respect to any action on the part of the appellant by which the
deceased boy might have felt being harassed and insulted – Appellant
in his petition under s.482 before the High Court set out detailed
facts and circumstances, which unfortunately the High Court failed
to even take notice of much less analyse the same before coming to
the conclusion – It was also stated therein that the victim, school
student, generally used to bunk his classes and was warned by the
appellant and other school staff a number of times – Persistent act
of bunking classes was reported to the Principal of the School,
who informed the parents of the boy to come to the school – A
simple act of reprimand of a student for his behaviour or indiscipline
by a teacher, who is under moral obligations to inculcate good
qualities of a human being in a student would definitely not amount
to instigation or intentionally aid to the commission of suicide by a
student – No further overt act was attributed to the appellant either in the FIR or in the statement of the complainant, nor anything in
this regard was stated in the alleged suicide note – Thus, no mens
rea can be attributed – In the absence of the element of abetment
missing from the allegations, the essential ingredients of offence
under s.306 IPC do not exist – All these facts were clearly ignored
by the High Court while mechanically dismissing the petition under
s.482 CrPC on the ground that FIR disclosed the commission of a
cognizable offence – High Court was not justified in dismissing the
application under s.482 CrPC for quashing the FIR in exercise of
its inherent jurisdiction – Penal Code, 1860 – s.306.
Code of Criminal Procedure, 1973: s.482 – Scope of – Held:
High Court has inherent power to act ex debito justitiae i.e., to do
real and substantial justice, or to prevent abuse of the process of
the Court – The powers being very wide in itself imposes a solemn
duty on the Courts, requiring great caution in its exercise – The
Court must be careful to see that its decision in exercise of this
power is based on sound principles – The inherent power vested in
the Court should not be exercised to stifle a legitimate prosecution
– However, the inherent power or the extra-ordinary power
conferred upon the High Court, entitles the said Court to quash a
proceeding, if it comes to the conclusion that allowing the proceeding
to continue would be an abuse of the process of the Court, or the
ends of justice require that the proceeding ought to be quashed.
Penal Code, 1860: s.306 – Abetment of suicide – Essential
ingredients – There must be an allegation of either direct or indirect
act of incitement to the commission of offence of suicide and mere
allegations of harassment of the deceased by another person would
not be sufficient in itself, unless, there are allegations of such actions
on the part of the accused which compelled the commission of
suicide.