M.N.BHANDARI,J. - (1.) By this criminal misc. petition, a prayer is made for quashing of FIR bearing No.40/2009 registered with Police Station Manoharpura, District Jaipur.
(2.) Learned counsel submits that FIR was registered for offence under Section 306 of I.P.C. On the face of FIR, no offence is made out. It is alleged that after the engagement of deceased girl, relatives of the boy came and asked to accept entire expenses towards engagement, as they did not intend to continue the relation. They did not state any reason. It was asked by the father of deceased girl and then disclosed that girl does not maintain good character, as informed to them. The deceaseds father requested them not to break the engagement on that ground unless it is enquired. The girl thereafter committed suicide that night, though the petitioners or any other accused did not meet her, rather it was a meeting with the deceaseds father only. There exists no element of abetment or instigation so as to commit suicide. They did not inform reason for break of engagement till it was asked. If the girl had committed suicide under emotions, it does not make out an offence under Section 306 of I.P.C. A prayer is accordingly made to quash the FIR.
(3.) Learned counsel for the non-petitioner No.2 submits that serious allegations against the deceased girl were made and, that too, on her character, to break the engagement. She had committed suicide as a consequence thereof. The allegation made against the deceased girl constitutes abetment, thus case was rightly registered for offence under Section 306 I.P.C.;