THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PETITION No.11072 OF 2010 DATED: 08-11-2010 ORDER: This petition is filed under Section 482 of Cr.P.C., seeking to quash further proceedings in P.R.C.No.22 of 2007 on the file of the learned XI Metropolitan Magistrate, Cyberabad, L.B.Nagar, Hyderabad. 2. Heard learned counsel appearing for the petitioner- A3 and the learned Additional Public Prosecutor representing the 1st respondent-State. Perused the record. 3. Petitioner-A3 along with two others-A1 and A2 are accused of the offence punishable under Section 306 IPC. Case was registered on the basis of a suicide note said to have been left by the deceased, who is the husband of A1. In the suicide note, the deceased appears to have expressed his anguish for the inaction on the part of the police in taking action on his complaint. A reference is made to the petitioner in the said suicide note alleging that the petitioner-A3 was having some illegal connection with A1. Even assuming for a moment that the said allegation is to be true, the question that arises for consideration is whether it amounts to abetment for commission of suicide. It is well settled that in order to constitute an offence under Section 306 IPC, the ingredients of the offence under Section 107 IPC should be satisfied. 4. Section 107 IPC defines abetment as follows: “Abetment of a thing:- A person abets the doing of a thing, who— First:-- Instigates any person to do that thing; 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. 5. It is held in a catena of decisions that in the absence of any material to show that the accused even directly or indirectly aided or abetted or instigated the deceased to commit suicide, no criminal liability can be fastened on the accused for the commission of suicide by the deceased. It is not disputed that previously A1 and A2 filed Crl.P.Nos.876 of 2008 and 864 of 2008 seeking to quash the proceedings in the same P.R.C.No.22 of 2007 against them. This Court by order, dated 15-07-2010, after referring to the relevant case law on the subject, held that the accused cannot be charged for the offence under Section 306 IPC as it is no where alleged that they, at any time, did anything in order to facilitate the commission of the suicide. The case of the petitioner-A3 herein is squarely covered by the reasoning mentioned in the said earlier order, dated 15-07-2010, passed by this Court pertaining to A1 and A2. Though the name of the petitioner-A3 is referred to in the suicide note as boyfriend of A1, no inference can be drawn on the said allegation that the petitioner has in any way aided, abetted, instigated or facilitated in any manner the commission of suicide by the deceased. Hence, in the light of the earlier orders, dated 15-07-2010, passed by this Court, the reasoning of which holds good even in respect of the present petitioner-A3, it is held that further proceedings in P.R.C.No.22 of 2007 against the petitioner-A3 are not warranted and they are liable to be quashed. Accordingly, the same are quashed. 6. In the result, Criminal Petition is allowed. _______________________ G.V.SEETHAPATHY, J 08th November, 2010 Tsy