TMI Blog2020 (2) TMI 1461X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 did not make out an offence under Section 306/34 IPC. The High Court further held that ingredients of Section 107 IPC are also not satisfied. In that view, the petition filed by Respondent Nos.1-3 for quashing the criminal proceeding was allowed. It is no more res integra that exercise of power under Section 482 CrPC to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 CrPC is to prevent the abuse of process of any Court or otherwise to secure the ends of justice. It is settled law that the evidence produced by the accused in his defence cannot be looked into by the Court, except in ver ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Criminal Procedure (for short the CrPC ). 2. The Appellant filed a complaint before the Police Station Kareli, District Narsinghpur on which FIR No.285 of 2014 was registered on 08.05.2014. According to the complaint, it was urged that Respondent Nos.1 to 3 subjected Nilu, the wife of the Appellant to harassment due to which she committed suicide along with her two children. The first Respondent is the wife of elder brother of the Appellant. The second and third Respondents are the brothers of the first Respondent. The brother of the Appellant and Respondent No.1 were living separately. Respondent No.1 was not satisfied with the land which was given by the Appellant s father to her husband. Respondent No.1 along with her brothers, Res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was being harassed. The Respondents cannot be held guilty of offence under Section 306 as there is nothing on record to show that they have incited the deceased to take the extreme step of committing suicide. 4. The High Court summoned the record of investigation and perused the statements recorded by the Appellant and his family members under Section 161 CrPC. The High Court held that statements recorded under Section 161 CrPC. would show that Respondent No.1 is a quarrelsome lady who has threatened the Appellant s family of false implication in a criminal case. The High Court observed that none of the persons whose statements under Section 161 CrPC were recorded have mentioned about the complaint of the deceased and that she was thinki ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e considering the petition filed under Section 482 CrPC for quashing criminal proceedings. It is clear from the law laid down by this Court that if a prima facie case is made out disclosing the ingredients of the offence alleged against the accused, the Court cannot quash a criminal proceeding. 7. Mr.Shoeb Alam, learned counsel appearing for Respondent Nos.1 to 3 relied upon several judgments of this Court to submit that allegations only disclose a case of harassment meted out to the deceased. The ingredients of Section 306 and 107 IPC have not been made out. It is submitted that there is nothing on record to show that the Respondents have abetted the commission of suicide by the deceased. He further argued that abetment as defined under ..... X X X X Extracts X X X X X X X X Extracts X X X X
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