THE HON’BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL PETITION NO.6694 OF 2008 ORDER: This is a petition filed under Section 482 of Criminal Procedure Code (for short Cr.P.C.) for quashing the proceedings in P.R.C.No.36 of 2008 on the file of Judicial First Class Magistrate, Vikarabad against the present petitioners. 2. The respondent No.2 herein has lodged a complaint before the Batwaram Police Station on 07.07.2005 alleging that her daughter Manjula studying in Vikarabad by staying in a room and she came to the Karimpur village on 19.05.2005 and consumed pesticide poison and died on 20.05.2005. Thereafter, they have burnt the dead body. After one month, while she is vacating the room of her daughter, she found a diary and photo of A.1 and on verification of the said diary, she came to know that A.1 had developed illicit intimacy with the deceased Manjula and cheated her and the present petitioners are responsible for committing suicide by her daughter. On the said complaint, police registered a case in Crime No.45 of 2005 under Sections 306 and 201 of IPC and after investigation police submitted a final report stating that the case is closed for lack of evidence on 09.11.2005. Thereafter, respondent No.2 has filed a protest petition before the Judicial First Class Magistrate, Vikarabad and the said Magistrate had conducted enquiry under Section 202 of Cr.P.C. and examined the 2nd respondent as P.W.1 and one K.Manemma as P.W.2 and Narsamma as P.W.3 and took cognizance of the offence under Sections 306 and 201 of IPC against the present petitioners by Order dated 28.08.2008 and issued summons to the present petitioners. Questioning the said Orders of taking cognizance, the petitioners have filed the present petition for quashing of the said proceedings. 3. Heard the learned counsel for petitioners and the learned counsel respondent No.2. 4. Learned counsel for petitioners had pleaded that there is no material before the learned Magistrate to take cognizance of the offence under Sections 306 and 201 of IPC and P.W.3, who has stated about the allegations against the accused No.1 is only hearsay evidence. As such the proceedings are liable to be quashed. 5. Learned counsel for respondent No.2, on other hand, pleaded that he has produced the whatever material available with them along with the protest petition i.e. copy of diary found in the room of the deceased and the said diary clearly establishes the illegal intimacy between A.1 and the deceased and the evidence of P.Ws.1 to 3 is sufficient to establish the offences under Sections 306 and 201 IPC and the learned Magistrate has rightly taken cognizance for the said offences. 6. The Order of the Magistrate dated 28.08.2008 does not contained any reason for taking cognizance of the offences and he simply mentioned: “Heard, perused evidence, the case is taken on file against A.1 to A.4 for the offences under Sections 306 and 201 of I.P.C. Issue summons to A.1 to A.4 on 21.10.2008.” 7. In order to establish an offence under Section 306 IPC, there must be instigation by the petitioners on the deceased to commit suicide and even if the averments made in the protest petition are taken as true, it does not disclose any abetment by the accused on the deceased for committing suicide. The Xerox copy of the diary produced by the 2nd respondent only shows the love affair between A.1 and deceased and it also does not disclose that A.1 instigating the deceased for committing suicide. With regard to other offence under Section 201 IPC, no allegations are made in the said complaint or in the protest petition. Therefore, the material placed before the learned Magistrate does not disclose any offence under Sections 306 and 201 IPC. Hence, the petitioners are entitled for quashing of the proceedings as prayed for. 8. In the result, the Criminal Petition is allowed and the proceedings against the present petitioners in P.R.C.No.36 of 2008 on the file of Judicial First Class Magistrate, Vikarabad, are hereby quashed. _______________________ P.DURGA PRASAD, J 31st March, 2011 KSP