THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12855 of 2010 ORDER: Petitioner approaches this Court with a prayer to quash the proceedings in P.R.C.No.5 of 2010 on the file of the IV Metropolitan Magistrate, Ibrahimpatnam, Cyberabad. 2. Heard both sides. 3. The petitioner is arrayed as A-11 along with other 10 persons. The case of the prosecution is as follows: “On 19.09.2009 at 1950 hours the complainant lodged a report stating that his grand father having some land in Sy.No.203, 227 about 16 acres land at Kappad village. The complainant blood cousin Budida Malla Reddy S/o. Anantha Reddy have 16 acres land in the limits Kappad village. Some of the villagers who are trying to lay down the road from the lands of Budida Malla Reddy when Budida Malla Reddy strictly objected. Even though the villagers A-1 and A-2 forcibly started lay down the road. Even after several requests made by B.Malla Reddy, the villagers A-1 and A-2 harassed B. Malla Reddy physical and mentally to make him agree to lay down the road. Though Malla Reddy did not agree. On 19.09.2009 at about 1400 hours A-1 and A-2 stop the lay down the road. Malla Reddy also warned them, if they continue in laying the road from his lands, he will commit suicide. The unscrupulous accused A-1 offered to purchase poison to complainant’s cousin Budida Malla Reddy. The accused Uduthala Jalander also warned complainant’s cousin Malla Reddy to commit suicide. Some of them also cooperated with Jalander, due to immolation made by the above accused the complainant’s relative Budida Malla Reddy committed suicide by consuming unknown poison.” 4. Learned counsel for the petitioner submitted that in the complaint it is stated that A-1 offered money to purchase poison and instigated to consume poison and to commit suicide, that else, there is no allegation in the complaint as far as the petitioner is concerned. On the entire reading of the facts and also the complaint, it is evidence that the deceased in a spur of movement committed suicide, and nothing is placed before this Court to establish that the petitioner is the person, who instigated the deceased to commit suicide. In the charge sheet it is stated that A-1 to A-11 committed the offence punishable under Section 306 IPC. 5. This court is of the view that based on the ratio laid down by the Hon’ble Supreme Court in order to prove an offence under Section 306 IPC, the main ingredient should be that the deceased has no other option except to commit suicide in view of the inducement made by the accused concerned. In the present case, no such ingredient is set out by the complainant or by the investigation agency. 6. Hence, this Court is of the view that pendency of the case against the present petitioner amounts to abuse of process. Hence this Court has no hesitation to quash the complaint insofar as the petitioner is concerned. Hence, the proceedings in P.R.C.No.5 of 2010 on the file of the IV Metropolitan Magistrate, Ibrahimpatnam, Cyberabad, against the petitioner are hereby quashed. 7. With the above observation, the Criminal Petition is allowed. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ________________ RAJA ELANGO, J. 1st February 2011, Rns.