SABINA,J. - (1.) Vide this order above mentioned three petitions would be disposed of.
(2.) Petitioners have filed these petitions under section 482 Code of Criminal Procedure, 1973 seeking quashing of the FIR No. 251/2018 registered at Police Station Hindaun City, District Karauli for the offence under Sections 341, 323, 336 and 354 Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.') Later on Sections 143, 149, 452, 504, 506 and 306 I.P.C.
(3.) Learned counsel for the petitioners have submitted that no offence under Section 306 I.P.C. can be said to be made out in the facts of the present case. FIR was lodged by the deceased herself on 7.4.2018 with regard to incident dated 4.4.2018. Vimlesh committed suicide on 7.4.2018 after lodging the FIR. There could be said to be no instigation at the hands of the petitioners/accused to have abetted the commission of suicide by deceased. Learned counsel for the petitioners have placed reliance on the decision of the Hon'ble Supreme Court in JT 2010 (8) 331 in case of Chheena v. Vijay Kumar Mahajan and Anr. , wherein it was held as under:- "Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. The intention of the legislature and the ratio of the cases decided by this Court is clear that in order to convict a person under Section 306 IPC there has to be a clear mens rea to commit the offence. It also requires an active act or direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that he committed suicide.";