CRR No.1239 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Rev. No. 1239 of 2010(O&M) Date of Decision:August 23,2011 Sonia ...........Petitioner Versus State of Punjab ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.B.D.Sharma Advocate for the petitioner Mr. G.S.Brar, Assistant Advocate General, Punjab ** Sabina, J. Petitioner has filed this petition challenging the order dated 7.4.2010 whereby charge was ordered to be framed against her under Section 306 of the Indian Penal Code (for short `IPC') in FIR No 139/08 registered at Police Station Jandiala, Amritsar. Learned counsel for the petitioner has submitted that the continuation of criminal proceedings against the petitioner were nothing but an abuse of process of law. The petitioner had declined to perform the marriage with the deceased and this act could not come within the mischief of Section 306 IPC. CRR No.1239 of 2010 (O&M) 2 Learned State counsel, on the other hand, has submitted that Lovepreet Singh had committed suicide. Call details of the mobile phone of Lovepreet Singh were traced and it was found that the deceased had been making calls to the petitioner. Love letters written by the petitioner to Lovepreet Singh were also recovered from the room of the deceased. After hearing the learned counsel for the parties, I am of the opinion that this petition deserves to be allowed. Section 107 IPC reads as under:- "107 Abetment of a thing.- A person abets the doing of a thing, who- First.- Instigates any person to do that thing; or Secondly.-Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing;or Thirdly.-Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1.-A person, who, by willful misrepresentation, or by willful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing Explanation 2.-Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitate the commission thereof, is said to aid the doing of that act" CRR No.1239 of 2010 (O&M) 3 Section 306 IPC reads as under:- “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." A perusal of the FIR, as reproduced in para 2 of the grounds of revision, shows that Lovepreet Singh, son of the complainant, had gone to Garhshankar on 14.6.2008 but had not returned back home on 15.6.2008. The dead body of Lovepreet Singh was recovered and was cremated on 16.6.2008 being unidentified. The complainant had identified the dead body from its photograph. On search of the room of Gurpreet Singh, one photograph of the petitioner was recovered. It was also found that the deceased had made calls to the petitioner from his mobile phone. Love letters were also recovered from the room of the deceased. Thus, the FIR in question has been lodged against the petitioner on the allegation that she had abetted the commission of suicide by deceased Lovepreet Singh. The abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive action on the part of the accused to instigate or aid in commission of suicide, the offence under Section 306 IPC cannot be said to be made out. Thus, there has to be a clear mens rea to commit the offence. In the instant case, the deceased and the petitioner could be having a love affair. It has transpired, during the course of arguments, that the deceased had committed suicide as the petitioner had refused to perform marriage with deceased. The fact that the petitioner had refused to perform marriage with deceased cannot be said to be an act of abetment to constitute CRR No.1239 of 2010 (O&M) 4 an offence under Section 306 IPC. The petitioner had a right to say `No' to a marriage proposal for whatever reason. Apparently, the deceased was hypersensitive person and could not take the strain of rejection and proceeded to commit suicide on account of denial of his proposal of marriage by the petitioner. In the facts and circumstances of the present case, the continuation of criminal proceedings against the petitioner would be nothing but an abuse of process of law. Accordingly, this petition is allowed and impugned order dated 7.4.2010, whereby charge under Section 306 IPC was ordered to be framed against the petitioner, is set aside. Consequently, the petitioner stands discharged. ( Sabina ) Judge August 23, 2011 arya