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The Delhi High Court in a recent judgement has held that issuance of notice and  filing of criminal complaint on legal advise by the petitioner is his legal recourse and cannot be said to be an abetment of suicide under section 306 of IPC.

The observation was made by single judge bench of Justice Manoj Kumar Ohri on a plea filed by one Atul Kumar challenging the order of the Trial Court that had refused to accept the police’s closure report against him in the case.

The genesis of the case lies in the transaction entered into between the petitioner and the deceased with respect to purchase of a vintage motorcycle; and in relation to which the petitioner on instructions of the deceased transferred a sum of USD 4,650 in the account of one Narender Verma, who acknowledged the receipt of the amount vide his e-mail dated May 3, 2012 stating that he would be sending the bank transfer receipt.

On one hand, it was the case of the petitioner that the entire consideration having been paid in the year 2012, the vintage motorcycle was never delivered. 

In the complaint filed by wife of the deceased, it had been alleged that the petitioner with a view to harass the deceased had issued the legal notice and filed the criminal complaint so that the deceased would repair his other two motorcycles free of cost. 

It was stated that the deceased was harassed and mentally tortured by the police officers on the complaint lodged by the petitioner. The deceased had told the complainant that he was called at the Police Station on 06.12.2014 where he was made to sit on his knees for a long period and was tortured/harassed. Due to the said act, he could not sleep the whole night and was disturbed. 

Eventually On 09.12.2014, the deceased committed suicide and left behind a suicide note naming the present petitioner as the reason for taking the extreme step.

The issue involved in the case was whether issuance of a legal notice and filing of a complaint case by the petitioner would amount to ‘abetment’ punishable under Section 306 IPC.

The Court observed that “The deceased had felt harassed but, in these facts, the act of petitioner could not be held to have abetted the deceased in committing suicide. The filing of a criminal complaint by the petitioner was his legal recourse, as advised to him.”

“As noted above, the transaction between the petitioner and the deceased relating to purchase of a vintage motorcycle is an admitted fact. Whether the motorcycle was delivered to the petitioner or not, would have been established after inquiry."

“It cannot be said that by filing a criminal complaint against the deceased, the petitioner had the mens rea to instigate or goad the deceased to commit suicide; and further, that the deceased was left with no other option but to commit suicide.”

The Court observed that even as per investigation, the deceased was called to the Police Station only once on 06.12.2014 i.e., three days before he committed suicide. Also, the acceptance of closure report qua the two police officers by the learned Metropolitan Magistrate and its affirmation by learned ASJ, has not been challenged by the complainant and has attained finality.

The Court also said that neither any live link nor any proximity between the acts of the petitioner and the act of committing suicide by the deceased is discernible. The requisite mens rea on part of the petitioner is also lacking. It cannot be said that the petitioner had abetted or instigated the deceased to commit suicide and that the deceased was left with no option but to commit suicide. 

The Court was thus of the opinion that necessary ingredients of the offence punishable under Section 306 IPC are not made out against the petitioner.

 

Case Title: Atul Kumar vs State of NCT of Delhi