Madrasdated High Court · 2025

Crl.O.P.No.14326 of 2023admitted to the Government Hospital, Tirupattur, and also a complaint was lodged against the petitioners before the first respondent police.2.1. Thereafter, based on the said incident, the de-facto complainant's elder son was put to mental agony and consumed poison on 07.10.2017 at about 6:00 a.m. Immediately, he was taken to the Government Hospital, Tirupattur, and later shifted to the Government Hospital, Dharmapuri, for further treatment. Subsequently, he died on 08.10.2017 at about 5:00 p.m. Thereafter, the de-facto complainant lodged a complaint before the first respondent police, which was received and registered as the First Information Report in Crime No. 331 of 2017 for the offence under Section 174 of CrPC. The first respondent police later altered the First Information Report from Section 174 of CrPC to Section 306 of IPC against the petitioners on 09.10.2017. After completing the investigation, the first respondent filed a charge sheet in SC No. 263 of 2023 before the Subordinate Court, Tirupattur, for the offences punishable under Sections 306 and 294(b) of IPC.3. The learned counsel for the petitioners would submit that the 3/14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14326 of 2023second respondent, who is the father of the deceased, borrowed a sum of Rs.30,000 as a loan from the petitioners. Thereafter, he failed to repay the same. Therefore, the petitioners used to demand the second respondent to repay the said amount. Thereafter, on 07.10.2017, the deceased committed suicide by consuming poison. Therefore, a false case has been foisted with allegations that on 04.10.2017, the petitioners went to the house of the de-facto complainant and scolded them with filthy language, and also tarnished their image, since they did not repay the loan amount. They also attacked another son of the de-facto complainant, who sustained injuries. In pursuance of the said occurrence, the First Information Report has been registered in Crime No. 329 of 2017 for the offences under Sections 294(b) and 323 of IPC. After completion of the investigation, a final report has been filed before the Judicial Magistrate No. 1, Tirupattur, Vellore District, and the same has been taken cognizance of in STC No. 742 of 2017. It was ended in acquittal by order dated 30.09.2021.3.1. He would further submit that on 30.01.2023, the first respondent filed a final report in another Crime No. 331 of 2017, and the same has been taken cognizance of in S.C. No. 263 of 2023 on the file of the 4/14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14326 of 2023Subordinate Court, Tirupattur. He further submitted that earlier the Trial Court acquitted the petitioners by order dated 30.09.2021 in STC No. 742 of 2017 on the ground that the prosecution failed to prove the occurrence as if it had taken place on 04.10.2017. He also produced the statement recorded by the deceased's wife in the present case, which reveals that the wife of the deceased had a misunderstanding with the deceased, and three months before the occurrence, she went to her parents' house. Therefore, on the date of the alleged occurrence on 04.10.2017, the deceased and his wife were not present in the house; the deceased's brother and his wife only were there. Therefore, there are absolutely no allegations to the effect that the deceased was threatened by the petitioners with dire consequences if he did not repay the loan, which was borrowed by his father, who is the second respondent herein. 3.2. He would further submit that the said occurrence took place on 04.10.2017, and the deceased consumed poison only on 07.10.2017. There was absolutely no abetment caused by the petitioners soon before his death. Therefore, the offence under Section 306 of IPC is not at all attracted, 5/14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14326 of 2023and he prayed for quashment of the entire proceedings.4. The learned Government Advocate (Crl. Side) appearing for the first respondent would submit that there is a specific allegation against the petitioners that on 04.10.2017, the petitioners came to the house of the de-facto complainant, scolded the entire family members, and threatened them with dire consequences. On the night of 04.10.2017, once again the petitioners scolded the de-facto complainant's family members and threatened them with dire consequences. Therefore, after registration of the First Information Report under Section 174 of CrPC, the first respondent altered it to the offences under Sections 306 and 294(b) of IPC and filed a final report.5. Heard the learned counsel for both sides and perused the materials available on record. 6. On a perusal of the records, it reveals that on 04.10.2017, the petitioners went to the house of the deceased and demanded repayment of 6/14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14326 of 2023the loan amount, which was borrowed by the second respondent herein. Since the second respondent had two sons, viz., Sridhar and Balaji, the said Balaji undertook to repay the loan amount borrowed by his father. Therefore, on 04.10.2017, the petitioners went to the house of the second respondent and asked for repayment of the loan amount. They also scolded them with filthy language and attacked another son, viz., Balaji, and his wife. It is claimed by the petitioners that the deceased was not there in the house on 04.10.2017. For the said occurrence, the said Balaji lodged a complaint, and the same has been registered in Crime No. 329 of 2017 for the offences under Sections 294(b) and 323 of IPC. After completion of the investigation, a final report was filed, and the same has been taken cognizance of by the Judicial Magistrate No. 1, Tirupattur, in STC No. 742 of 2017. The trial Court acquitted the petitioners for the said charges. The conclusion portion of the order of the trial Court reads as follows:-14/ nkw;go m/rh/1 Kjy; m/rh/3 rhl;rpa';fspd; ek;gfj;jd;ika[k;.“ rhl;rpa';fspd; xj;Jiuita[k; ,e;ePjpkd;wk; fhZk; nghJ(i) mjd;go m/rh/1 ghyh$p jdJ Kjy; tprhuizapy; fle;j 04/10/2017k; njjp ,ut[ 7/00 kzp ehd; btspna brd;wpUe;j nghJ vdJ kidtp urpfh tPl;oy; ,Ue;j nghJ vjpupfs; m';F te;jhu;fs; vd;W rhl;rpak; mspj;Js;shu;/ Mdhy; m/j/rh/M/1 g[fhu; thf;FK:yj;jpy; 04/10/2017k; md;W ,ut[ 7/00 kzpf;F ehd; vdJ kidtpa[k; tPl;oy; ,Ue;j nghJ vjpupfs; m';F 7/14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14326 of 2023te;jdu; vd;W Kuz;gl;L Fwpg;gpl;Ls;shu;/(ii) mjw;F xj;Jiuthf m/rh/2 jdJ rhl;rpaj;jpy; 04/10/2017k; njjp ,ut[ 7/00 kzp ehd; tPl;oy; jdpahf ,Ue;j nghJ vjpupfs; ,UtUk; vdJ tPl;ow;F te;jhu;fs; vd;W rhl;rpak; mspj;Js;shu;/ m/rh/3 tpf;nd!; jdJ rhl;rpaj;jpy; 04/10/2017k; njjp ,ut[ 7/00 kzpastpy; ehDk; m/rh/1f;F mtuJ tPl;oy; vjpupfs; te;J gpur;rid bra;tjhf jfty; te;J eh';fs; m/rh/1 d; tPl;ow;F brd;nwhk; vd;W rhl;rpak; mspj;Js;shu;/ (iii) nkw;fz;l m/rh/2 kw;Wk; m/rh/3 rhl;rpaj;jpy; ,Ue;J vjpup rk;gtj;jpd;nghJ m/j/rh/M/1 g[fhu; thf;FK:yj;jpy; TwpaJnghy; vjpupfs; ,UtUk; m/rh/1 tPl;oy; ,y;iybad;W TwpapUg;gJ Kd;Df;F gpd; Kuzhf cs;sJ/(iv) nkYk; rz;ilia tpyf;fptpl;l fz;Zw;w rhl;rpahd m/rh/1 kw;Wk; m/rh/2 My; Fwpg;gplg;gl;L m/rh/4 Mf tprhupf;fg;gl;Ls;s bry;tk; jdJ rhl;rpaj;jpy; vd; tptrha epyj;jpw;F brd;wpUe;njd; Vnjh mojo gpur;rid eilbgw;wpUe;jJ vdf;F KG tptuk; bjupahJ vd;W rhl;rpak; mspj;Js;shu;/(v) nkYk; m/rh/2 urpfh jdJ rhl;rpaj;jpy; rk;gtk; ele;j kWehs; jhd; rpfpr;irf;fhf nru;e;jjhf Fwpg;gpl;Ls;shu;/ Mdhy; m/rh/1 kw;Wk; m/rh/2 j';fsJ FWf;F tprhuizapy; m/rh/1 kUj;Jtkidapy; nru;f;Fk; nghJ m/rh/2 md;W ,ut[ KGtJk; m/rh/1 cld; ,Ue;Js;shu; vd;W rhl;rpak; mspj;Js;shu;/(vi) m/rh/3 jdJ FWf;F tprhuizapy; m/rh/1 vd; ez;gu; vjpupfs; m/rh/1 m/rh/2 d; tPl;olk; fld; nfl;L jfuhW bra;fpwhu;fs; vd;W m/rh/1 jd;dplk; brhd;dhu; vd;W rhl;rpak; mspj;Js;shu;/(vii) m/rh/6 kUj;Jtu; jpU/rj;jpaehuhazd; jdJ rhl;rpaj;jpy; fle;j 04/10/2017k; njjp ehd; kUj;Jtkidapy; gzpapy; ,Ue;j nghJ ,ut[ 10/50 kzpf;F ghyh$p vd;giu mtuJ jfg;gdhu; nfhtpe;juh$; miHj;J te;jhu; milahsk; bjupe;j ,uz;L egu;fs; mtuJ tPl;oy; itj;J ifahy; jhf;fpajhf 8/14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14326 of 2023Twpdhu; vd;W rhl;rpak; mspj;J m/rh/1 ghyh$pf;F Vw;gl;l fhak; brhw;gfhak; vd;W rhd;W tH';fpa fhar;rhd;W m/j/rh/M/3 Mf FwpaPL bra;Js;shu;/ m/rh/2 urpfhtpw;F kUj;Jtu; tH';fpa fhar;rhd;wpjiH m/rh/7 tprhuiz mjpfhup K:yk; m/j/rh/M/8 Mf FwpaPL bra;ag;gl;Ls;sJ/ (viii) nkw;go rhl;rpa';fspy; ,Ue;J m/rh/1 m/j/rh/M/1 g[fhu; thf;FK:yj;jpy; jhd; tPl;oy; ,Ue;jjhf Twp g[fhu; mspj;Jtpl;L Kjy; tprhuizapy; m/rh/1 jhd; btspna ,Ue;jjhft[k; Fwpg;gpl;L rhl;rpak; mspj;jpUg;gJk; m/rh/2 ,ut[ KGtJk; m/rh/1 cld; kUj;Jtkidapy; ,Ue;J kWehs; fhiyapy; kUj;Jtkidapy; rpfpr;irapy; nru;e;jjhf Twp ,Ug;gJ ,e;ePjpkd;wj;jhy; ek;g[k; goahft[k; Vw;Wf;bfhs;sToajhft[k; ,y;iy/ nkYk; mij cWjpg;gLj;Jk; tpjkhf m/j/rh/M/8 m/rh/2d; fhar;rhd;wpjHpy; m/rh/2 urpfhtpd; khkpahu; uhn$!;tup miHj;J te;J rpfpr;irf;F nru;e;jjhf fhzg;gLfpwJ/ (ix) nkYk; mrh/7 jdJ FWf;F tprhuizapy; rk;gtk; ele;j ,lj;jpw;F jpUg;gj;Jhu; muR kUj;JtkidapYk; ,Urf;fu thfdj;jpy; te;jhy; miu kzpneuk; MFk; vd;why; rupjhd; vd;W Fwpg;gpl;Ls;shu;/ mt;thW ,Uf;ifapy; rk;gtk; ele;J 3 kzp neuk; fHpj;J m/rh/1 ,ut[ 10/50 kzpf;F rpfpr;irf;F nru;e;Js;sJk;. kUj;Jtkidapnyna ,Ue;J m/rh/2 kWehs; fhiy 11/45 kzpf;F rpfpr;irapy; nru;e;Js;sJk; mrh/1 kw;Wk; m/rh/2d; rhl;rpak; ,e;ePjpkd;wj;jhy; vw;Wf;bfhs;sToajhft[k; ek;g[k; goahft[k; ,y;iy/(x) nkYk; m/j/rh/M/1 g[fhu; thf;FK:yj;jpy; vd; kidtpf;F iftyp Vw;gl;ljhy; jdpahu; bkof;fypd; ngd;nl$; th';fp te;J vd; mz;zd; _ju; nghl;Lk; typ epw;fhjjhy; vd; kidtp urpfht[k; 05/10/2017k; njjp fhiy 11/45 f;F rpfpr;irf;F nru;e;jjhf Fwpg;gpl;Ls;shu;/ ,jpypUe;J m/rh/2 urpfh m/rh/1 ghyh$pa[ld; kUj;Jtkidapy; cld; ,Ue;jjhf bjuptpj;J tpl;L _ju; vd;gtu; Kjy; cjtp bra;jjhf Fwpg;gpl;Ls;sJk; me;j _jiu ,t;tHf;fpd; muR jug;gpy; rhl;rpahf tprhupf;fhky; ,Ug;gJk; muR jug;g[ tHf;F Fwpj;Jk; 9/14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14326 of 2023m/j/rh/M/1 g[fhu; thf;FK:yk; Fwpj;Jk; ,e;ePjpkd;wj;jpw;F re;njfkhf cs;sJ/ (xi) mij cWjpgLj;Jk; tpjkhf ghu;it kfru; kw;Wk; khjpup tiugl rhl;rpahd m/rh/5 jpU/uh$p jdJ rhl;rpaj;jpy; Rkhu; 8 khj';fSf;F Kd;g[ ehd; n$hyhu;ngl;il fhty;epiyak; brd;wpUe;njd; mg;nghJ vd;dplk; ifbahg;gk; th';fpdhu;fs; vjw;fhf th';fpdhu;fs; vd;W bjupahJ/ me;j ifbaGj;J jhd; m/j/rh/M/2 vd Fwpg;gpl;Ls;shu;/ nkYk; kw;bwhU ifbaGj;J rhl;rpahd rf;futu;j;jp ,we;Jtpl;ljhy; mtiu muR jug;gpy; tprhupf;ftpy;iy mtuJ ifbahg;gj;ij ed;F mwpe;jtu;fspd; rhl;rpahf ,e;jpa rhl;rp rl;lk; gpupt[ 69d; go muR jug;g[ tprhupf;fhky; ,Ug;gJ ,t;tHf;if bghWj;J re;njfkhf cs;sJ/ (xii) ,jdhy; muR jug;ghy; Kd;dpiyg;gLj;jg;gl;Ls;s khjpup tiuglk; m/j/rh/M/5 kw;Wk; ghu;it kfru; m/j/rh/M/6 ,e;ePjpkd;wj;jhy; Vw;Wf;bfhs;sToajhft[k; ek;g[k; goahft[k; ,y;iy/ (xiii) vdnt nkw;go rhl;rpa';fspd; r';fjpfs; kw;Wk; tpthjpf;fg;gl;l fhuz';fspy; ,Ue;J ,jr gpupt[fs; 294 (b) kw;Wk; 323 d;goahd Mf;f TWfis ,e;ePj;kd;wj;jpy; muR jug;gpy; re;njfj;jpw;F ,lkpd;wp epU:gpf;fg;gltpy;iy vd;Wk; ,e;ePjpkd;wk; Kot[ fhz;fpwJ/(xiv) ,jpypUe;J ,e;ePjpkd;wk; vjpupfs; mz;zhkiy kw;Wk; Vgkiy kPJ Rkj;jg;gl;Ls;s Fw;w;rhl;lg;gl;l ,/j/r gpupt[fs; 294(gp) kw;Wk;” 506(1) d; goahd Fw;wj;jpw;F Fw;wthsp ,y;iy vd;Wk; Kot[ fhz;fpwJ/”Therefore, the prosecution failed to prove the case that on 04.10.2017, such an occurrence took place.7. It is the case of the second respondent that thereafter, on 10/14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14326 of 202307.10.2017, the deceased committed suicide by consuming poison on the ground that on 04.10.2017, the petitioners came to the house of the second respondent, scolded them with filthy language, and threatened the family members with dire consequences. When the prosecution failed to prove the occurrence that took place on 04.10.2017, the contention that in continuance of the said occurrence, the deceased committed suicide by consuming poison cannot be sustained. Further, even assuming that on 04.10.2017, the occurrence took place, and in continuance of the said occurrence, the deceased got depressed and committed suicide on 07.10.2017 by consuming poison, there is no abetment on the part of the petitioners to abet the deceased to commit suicide, since the abetment should have taken place soon before the death.8. It is relevant to extract the provision under Section 306 of IPC as follows:-“306. Abetment of suicide — If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.” 9. In the case of Nettai Dutta Vs. State of W.B. [2005-2-SCC-11/14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14326 of 2023659], the Honourable Supreme Court upholding the order of the High Court, quashed the charge sheet filed under Section 306 of IPC on the ground that the offence under Section would stand only if there is an abetment for the commission of crime. 10. In another decision rendered in the case of Sonti Ramakrishna Vs. Sonti Shanthi Shree and another [2009-1- SCC-554], the Honourable Supreme Court has held that though normally threshold interference should not be made under Section 482 Code of Criminal Procedure, quashing of the complaint on facts was just and necessary. It has also held that words uttered in a fit of anger or emotion without any intention cannot be termed as instigation.11. That apart, already the offence under Section 294(b) of IPC for the very same occurrence ended in acquittal, and as such, once again the petitioners cannot be charged for the offence under Section 294(b) of IPC. In view of the above, the entire proceeding is nothing but abuse of process of law and liable to be quashed.12/14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14326 of 202312. Accordingly, this Criminal Original Petition is allowed and the impugned proceeding in S.C.No.263 of 2023 on the file of the Subordinate Judge, Tirupattur, Vellore District, is hereby quashed. Consequently, the connected Miscellaneous Petitions are closed.27.03.2025Index:Yes/NoNeutral Citation/Yes/NokvTo1. The Inspector of Police, Jolarpet Police Station, Vellore District.2. The Subordinate Judge, Tirupattur, Vellore District3. The Public Prosecutor, High Court of Madras.13/14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14326 of 2023G.K.ILANTHIRAIYAN, J.kvCrl.O.P.No.14326 of 202327.03.202514/14

Crl.O.P.No.14326 of 2023admitted to the Government Hospital, Tirupattur, and also a complaint was lodged against the petitioners before the first respondent police.2.1. Thereafter, based on the said incident, the de-facto complainant's elder son was put to mental agony and consumed poison on 07.10.2017 at about 6:00 a.m. Immediately, he was taken to the Government Hospital, Tirupattur, and later shifted to the Government Hospital, Dharmapuri, for further treatment. Subsequently, he died on 08.10.2017 at about 5:00 p.m. Thereafter, the de-facto complainant lodged a complaint before the first respondent police, which was received and registered as the First Information Report in Crime No. 331 of 2017 for the offence under Section 174 of CrPC. The first respondent police later altered the First Information Report from Section 174 of CrPC to Section 306 of IPC against the petitioners on 09.10.2017. After completing the investigation, the first respondent filed a charge sheet in SC No. 263 of 2023 before the Subordinate Court, Tirupattur, for the offences punishable under Sections 306 and 294(b) of IPC.3. The learned counsel for the petitioners would submit that the 3/14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14326 of 2023second respondent, who is the father of the deceased, borrowed a sum of Rs.30,000 as a loan from the petitioners. Thereafter, he failed to repay the same. Therefore, the petitioners used to demand the second respondent to repay the said amount. Thereafter, on 07.10.2017, the deceased committed suicide by consuming poison. Therefore, a false case has been foisted with allegations that on 04.10.2017, the petitioners went to the house of the de-facto complainant and scolded them with filthy language, and also tarnished their image, since they did not repay the loan amount. They also attacked another son of the de-facto complainant, who sustained injuries. In pursuance of the said occurrence, the First Information Report has been registered in Crime No. 329 of 2017 for the offences under Sections 294(b) and 323 of IPC. After completion of the investigation, a final report has been filed before the Judicial Magistrate No. 1, Tirupattur, Vellore District, and the same has been taken cognizance of in STC No. 742 of 2017. It was ended in acquittal by order dated 30.09.2021.3.1. He would further submit that on 30.01.2023, the first respondent filed a final report in another Crime No. 331 of 2017, and the same has been taken cognizance of in S.C. No. 263 of 2023 on the file of the 4/14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14326 of 2023Subordinate Court, Tirupattur. He further submitted that earlier the Trial Court acquitted the petitioners by order dated 30.09.2021 in STC No. 742 of 2017 on the ground that the prosecution failed to prove the occurrence as if it had taken place on 04.10.2017. He also produced the statement recorded by the deceased's wife in the present case, which reveals that the wife of the deceased had a misunderstanding with the deceased, and three months before the occurrence, she went to her parents' house. Therefore, on the date of the alleged occurrence on 04.10.2017, the deceased and his wife were not present in the house; the deceased's brother and his wife only were there. Therefore, there are absolutely no allegations to the effect that the deceased was threatened by the petitioners with dire consequences if he did not repay the loan, which was borrowed by his father, who is the second respondent herein. 3.2. He would further submit that the said occurrence took place on 04.10.2017, and the deceased consumed poison only on 07.10.2017. There was absolutely no abetment caused by the petitioners soon before his death. Therefore, the offence under Section 306 of IPC is not at all attracted, 5/14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14326 of 2023and he prayed for quashment of the entire proceedings.4. The learned Government Advocate (Crl. Side) appearing for the first respondent would submit that there is a specific allegation against the petitioners that on 04.10.2017, the petitioners came to the house of the de-facto complainant, scolded the entire family members, and threatened them with dire consequences. On the night of 04.10.2017, once again the petitioners scolded the de-facto complainant's family members and threatened them with dire consequences. Therefore, after registration of the First Information Report under Section 174 of CrPC, the first respondent altered it to the offences under Sections 306 and 294(b) of IPC and filed a final report.5. Heard the learned counsel for both sides and perused the materials available on record. 6. On a perusal of the records, it reveals that on 04.10.2017, the petitioners went to the house of the deceased and demanded repayment of 6/14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14326 of 2023the loan amount, which was borrowed by the second respondent herein. Since the second respondent had two sons, viz., Sridhar and Balaji, the said Balaji undertook to repay the loan amount borrowed by his father. Therefore, on 04.10.2017, the petitioners went to the house of the second respondent and asked for repayment of the loan amount. They also scolded them with filthy language and attacked another son, viz., Balaji, and his wife. It is claimed by the petitioners that the deceased was not there in the house on 04.10.2017. For the said occurrence, the said Balaji lodged a complaint, and the same has been registered in Crime No. 329 of 2017 for the offences under Sections 294(b) and 323 of IPC. After completion of the investigation, a final report was filed, and the same has been taken cognizance of by the Judicial Magistrate No. 1, Tirupattur, in STC No. 742 of 2017. The trial Court acquitted the petitioners for the said charges. The conclusion portion of the order of the trial Court reads as follows:-14/ nkw;go m/rh/1 Kjy; m/rh/3 rhl;rpa';fspd; ek;gfj;jd;ika[k;.“ rhl;rpa';fspd; xj;Jiuita[k; ,e;ePjpkd;wk; fhZk; nghJ(i) mjd;go m/rh/1 ghyh$p jdJ Kjy; tprhuizapy; fle;j 04/10/2017k; njjp ,ut[ 7/00 kzp ehd; btspna brd;wpUe;j nghJ vdJ kidtp urpfh tPl;oy; ,Ue;j nghJ vjpupfs; m';F te;jhu;fs; vd;W rhl;rpak; mspj;Js;shu;/ Mdhy; m/j/rh/M/1 g[fhu; thf;FK:yj;jpy; 04/10/2017k; md;W ,ut[ 7/00 kzpf;F ehd; vdJ kidtpa[k; tPl;oy; ,Ue;j nghJ vjpupfs; m';F 7/14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14326 of 2023te;jdu; vd;W Kuz;gl;L Fwpg;gpl;Ls;shu;/(ii) mjw;F xj;Jiuthf m/rh/2 jdJ rhl;rpaj;jpy; 04/10/2017k; njjp ,ut[ 7/00 kzp ehd; tPl;oy; jdpahf ,Ue;j nghJ vjpupfs; ,UtUk; vdJ tPl;ow;F te;jhu;fs; vd;W rhl;rpak; mspj;Js;shu;/ m/rh/3 tpf;nd!; jdJ rhl;rpaj;jpy; 04/10/2017k; njjp ,ut[ 7/00 kzpastpy; ehDk; m/rh/1f;F mtuJ tPl;oy; vjpupfs; te;J gpur;rid bra;tjhf jfty; te;J eh';fs; m/rh/1 d; tPl;ow;F brd;nwhk; vd;W rhl;rpak; mspj;Js;shu;/ (iii) nkw;fz;l m/rh/2 kw;Wk; m/rh/3 rhl;rpaj;jpy; ,Ue;J vjpup rk;gtj;jpd;nghJ m/j/rh/M/1 g[fhu; thf;FK:yj;jpy; TwpaJnghy; vjpupfs; ,UtUk; m/rh/1 tPl;oy; ,y;iybad;W TwpapUg;gJ Kd;Df;F gpd; Kuzhf cs;sJ/(iv) nkYk; rz;ilia tpyf;fptpl;l fz;Zw;w rhl;rpahd m/rh/1 kw;Wk; m/rh/2 My; Fwpg;gplg;gl;L m/rh/4 Mf tprhupf;fg;gl;Ls;s bry;tk; jdJ rhl;rpaj;jpy; vd; tptrha epyj;jpw;F brd;wpUe;njd; Vnjh mojo gpur;rid eilbgw;wpUe;jJ vdf;F KG tptuk; bjupahJ vd;W rhl;rpak; mspj;Js;shu;/(v) nkYk; m/rh/2 urpfh jdJ rhl;rpaj;jpy; rk;gtk; ele;j kWehs; jhd; rpfpr;irf;fhf nru;e;jjhf Fwpg;gpl;Ls;shu;/ Mdhy; m/rh/1 kw;Wk; m/rh/2 j';fsJ FWf;F tprhuizapy; m/rh/1 kUj;Jtkidapy; nru;f;Fk; nghJ m/rh/2 md;W ,ut[ KGtJk; m/rh/1 cld; ,Ue;Js;shu; vd;W rhl;rpak; mspj;Js;shu;/(vi) m/rh/3 jdJ FWf;F tprhuizapy; m/rh/1 vd; ez;gu; vjpupfs; m/rh/1 m/rh/2 d; tPl;olk; fld; nfl;L jfuhW bra;fpwhu;fs; vd;W m/rh/1 jd;dplk; brhd;dhu; vd;W rhl;rpak; mspj;Js;shu;/(vii) m/rh/6 kUj;Jtu; jpU/rj;jpaehuhazd; jdJ rhl;rpaj;jpy; fle;j 04/10/2017k; njjp ehd; kUj;Jtkidapy; gzpapy; ,Ue;j nghJ ,ut[ 10/50 kzpf;F ghyh$p vd;giu mtuJ jfg;gdhu; nfhtpe;juh$; miHj;J te;jhu; milahsk; bjupe;j ,uz;L egu;fs; mtuJ tPl;oy; itj;J ifahy; jhf;fpajhf 8/14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14326 of 2023Twpdhu; vd;W rhl;rpak; mspj;J m/rh/1 ghyh$pf;F Vw;gl;l fhak; brhw;gfhak; vd;W rhd;W tH';fpa fhar;rhd;W m/j/rh/M/3 Mf FwpaPL bra;Js;shu;/ m/rh/2 urpfhtpw;F kUj;Jtu; tH';fpa fhar;rhd;wpjiH m/rh/7 tprhuiz mjpfhup K:yk; m/j/rh/M/8 Mf FwpaPL bra;ag;gl;Ls;sJ/ (viii) nkw;go rhl;rpa';fspy; ,Ue;J m/rh/1 m/j/rh/M/1 g[fhu; thf;FK:yj;jpy; jhd; tPl;oy; ,Ue;jjhf Twp g[fhu; mspj;Jtpl;L Kjy; tprhuizapy; m/rh/1 jhd; btspna ,Ue;jjhft[k; Fwpg;gpl;L rhl;rpak; mspj;jpUg;gJk; m/rh/2 ,ut[ KGtJk; m/rh/1 cld; kUj;Jtkidapy; ,Ue;J kWehs; fhiyapy; kUj;Jtkidapy; rpfpr;irapy; nru;e;jjhf Twp ,Ug;gJ ,e;ePjpkd;wj;jhy; ek;g[k; goahft[k; Vw;Wf;bfhs;sToajhft[k; ,y;iy/ nkYk; mij cWjpg;gLj;Jk; tpjkhf m/j/rh/M/8 m/rh/2d; fhar;rhd;wpjHpy; m/rh/2 urpfhtpd; khkpahu; uhn$!;tup miHj;J te;J rpfpr;irf;F nru;e;jjhf fhzg;gLfpwJ/ (ix) nkYk; mrh/7 jdJ FWf;F tprhuizapy; rk;gtk; ele;j ,lj;jpw;F jpUg;gj;Jhu; muR kUj;JtkidapYk; ,Urf;fu thfdj;jpy; te;jhy; miu kzpneuk; MFk; vd;why; rupjhd; vd;W Fwpg;gpl;Ls;shu;/ mt;thW ,Uf;ifapy; rk;gtk; ele;J 3 kzp neuk; fHpj;J m/rh/1 ,ut[ 10/50 kzpf;F rpfpr;irf;F nru;e;Js;sJk;. kUj;Jtkidapnyna ,Ue;J m/rh/2 kWehs; fhiy 11/45 kzpf;F rpfpr;irapy; nru;e;Js;sJk; mrh/1 kw;Wk; m/rh/2d; rhl;rpak; ,e;ePjpkd;wj;jhy; vw;Wf;bfhs;sToajhft[k; ek;g[k; goahft[k; ,y;iy/(x) nkYk; m/j/rh/M/1 g[fhu; thf;FK:yj;jpy; vd; kidtpf;F iftyp Vw;gl;ljhy; jdpahu; bkof;fypd; ngd;nl$; th';fp te;J vd; mz;zd; _ju; nghl;Lk; typ epw;fhjjhy; vd; kidtp urpfht[k; 05/10/2017k; njjp fhiy 11/45 f;F rpfpr;irf;F nru;e;jjhf Fwpg;gpl;Ls;shu;/ ,jpypUe;J m/rh/2 urpfh m/rh/1 ghyh$pa[ld; kUj;Jtkidapy; cld; ,Ue;jjhf bjuptpj;J tpl;L _ju; vd;gtu; Kjy; cjtp bra;jjhf Fwpg;gpl;Ls;sJk; me;j _jiu ,t;tHf;fpd; muR jug;gpy; rhl;rpahf tprhupf;fhky; ,Ug;gJk; muR jug;g[ tHf;F Fwpj;Jk; 9/14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14326 of 2023m/j/rh/M/1 g[fhu; thf;FK:yk; Fwpj;Jk; ,e;ePjpkd;wj;jpw;F re;njfkhf cs;sJ/ (xi) mij cWjpgLj;Jk; tpjkhf ghu;it kfru; kw;Wk; khjpup tiugl rhl;rpahd m/rh/5 jpU/uh$p jdJ rhl;rpaj;jpy; Rkhu; 8 khj';fSf;F Kd;g[ ehd; n$hyhu;ngl;il fhty;epiyak; brd;wpUe;njd; mg;nghJ vd;dplk; ifbahg;gk; th';fpdhu;fs; vjw;fhf th';fpdhu;fs; vd;W bjupahJ/ me;j ifbaGj;J jhd; m/j/rh/M/2 vd Fwpg;gpl;Ls;shu;/ nkYk; kw;bwhU ifbaGj;J rhl;rpahd rf;futu;j;jp ,we;Jtpl;ljhy; mtiu muR jug;gpy; tprhupf;ftpy;iy mtuJ ifbahg;gj;ij ed;F mwpe;jtu;fspd; rhl;rpahf ,e;jpa rhl;rp rl;lk; gpupt[ 69d; go muR jug;g[ tprhupf;fhky; ,Ug;gJ ,t;tHf;if bghWj;J re;njfkhf cs;sJ/ (xii) ,jdhy; muR jug;ghy; Kd;dpiyg;gLj;jg;gl;Ls;s khjpup tiuglk; m/j/rh/M/5 kw;Wk; ghu;it kfru; m/j/rh/M/6 ,e;ePjpkd;wj;jhy; Vw;Wf;bfhs;sToajhft[k; ek;g[k; goahft[k; ,y;iy/ (xiii) vdnt nkw;go rhl;rpa';fspd; r';fjpfs; kw;Wk; tpthjpf;fg;gl;l fhuz';fspy; ,Ue;J ,jr gpupt[fs; 294 (b) kw;Wk; 323 d;goahd Mf;f TWfis ,e;ePj;kd;wj;jpy; muR jug;gpy; re;njfj;jpw;F ,lkpd;wp epU:gpf;fg;gltpy;iy vd;Wk; ,e;ePjpkd;wk; Kot[ fhz;fpwJ/(xiv) ,jpypUe;J ,e;ePjpkd;wk; vjpupfs; mz;zhkiy kw;Wk; Vgkiy kPJ Rkj;jg;gl;Ls;s Fw;w;rhl;lg;gl;l ,/j/r gpupt[fs; 294(gp) kw;Wk;” 506(1) d; goahd Fw;wj;jpw;F Fw;wthsp ,y;iy vd;Wk; Kot[ fhz;fpwJ/”Therefore, the prosecution failed to prove the case that on 04.10.2017, such an occurrence took place.7. It is the case of the second respondent that thereafter, on 10/14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14326 of 202307.10.2017, the deceased committed suicide by consuming poison on the ground that on 04.10.2017, the petitioners came to the house of the second respondent, scolded them with filthy language, and threatened the family members with dire consequences. When the prosecution failed to prove the occurrence that took place on 04.10.2017, the contention that in continuance of the said occurrence, the deceased committed suicide by consuming poison cannot be sustained. Further, even assuming that on 04.10.2017, the occurrence took place, and in continuance of the said occurrence, the deceased got depressed and committed suicide on 07.10.2017 by consuming poison, there is no abetment on the part of the petitioners to abet the deceased to commit suicide, since the abetment should have taken place soon before the death.8. It is relevant to extract the provision under Section 306 of IPC as follows:-“306. Abetment of suicide — If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.” 9. In the case of Nettai Dutta Vs. State of W.B. [2005-2-SCC-11/14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14326 of 2023659], the Honourable Supreme Court upholding the order of the High Court, quashed the charge sheet filed under Section 306 of IPC on the ground that the offence under Section would stand only if there is an abetment for the commission of crime. 10. In another decision rendered in the case of Sonti Ramakrishna Vs. Sonti Shanthi Shree and another [2009-1- SCC-554], the Honourable Supreme Court has held that though normally threshold interference should not be made under Section 482 Code of Criminal Procedure, quashing of the complaint on facts was just and necessary. It has also held that words uttered in a fit of anger or emotion without any intention cannot be termed as instigation.11. That apart, already the offence under Section 294(b) of IPC for the very same occurrence ended in acquittal, and as such, once again the petitioners cannot be charged for the offence under Section 294(b) of IPC. In view of the above, the entire proceeding is nothing but abuse of process of law and liable to be quashed.12/14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14326 of 202312. Accordingly, this Criminal Original Petition is allowed and the impugned proceeding in S.C.No.263 of 2023 on the file of the Subordinate Judge, Tirupattur, Vellore District, is hereby quashed. Consequently, the connected Miscellaneous Petitions are closed.27.03.2025Index:Yes/NoNeutral Citation/Yes/NokvTo1. The Inspector of Police, Jolarpet Police Station, Vellore District.2. The Subordinate Judge, Tirupattur, Vellore District3. The Public Prosecutor, High Court of Madras.13/14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14326 of 2023G.K.ILANTHIRAIYAN, J.kvCrl.O.P.No.14326 of 202327.03.202514/14