1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Appln (C482) No. 883 of 2005 S.V.Singh S/O Shri S.M.R.Singh Principal Director Electronic Service & Training Center Kania, Ram Nagar, P.S, Ram Nagar District Nainital ………………………. Applicant Versus 1. State of Uttrarakhand thourgh S.S.P Nainital 2. Shri Deepu S/O Suresh R/O Mohalla Banbagher, Balmiki Coloney, P.S RamNagar, Dist Nainital …………..Respondents Along with Criminal Misc. Appln (C482) No. 882 of 2005 V.K.Gupta S/O Shri Mahendra Kumar Senior Scientific Officer Electronic Service & Training Center Kania, Ram Nagar, P.S, Ram Nagar,District Nainital ………………………. Applicant Versus 1. State of Uttraranchal 2. Shri Deepu S/O Suresh R/O Mohalla Banbagher, Balmiki Coloney, P.S RamNagar, Dist Nainital 2 …………..Respondents Smt. Geeta Luthra, Senior Advocate assisted by Shri Arvind Vashistha, Advocate present for the petitioners Smt. Mamta Bisht, A.G.A present for the State Hon’ble Prafulla C. Pant, J. By means of these two petitions, moved Under Section 482 of Code of Criminal Procedure, 1973, petitioners have sought quashing of the proceedings of criminal case no. 950 of 2005, State vs. S.V.Singh and another, relating to offence punishable under section 306 I.P.C, pending in the court of Judicial Magistrate, Ram Nagar, District Nainital. (2) Heard learned counsel for the parties and perused the affidavit and counter affidavit. (3) Brief facts of the case are that the petitioner S.V.Singh was Principal Director of Electronic Service and Training Center (for short ESTC), a government of India Society, of Ministry of Small Scale Industries. The petitioner V.K.Gupta is Senior Scientific Officer in said Organization. Deceased Kailash Chandra was a class IV employee (sweeper) in that Organization. He committed suicide on 6th of August 2005 whereafter respondent no.2 Deepu, (nephew of deceased) lodged First Information Report which is registered as crime no. 1566 of 2005, against the petitioners, in respect of offence 3 punishable under section 306 I.P.C. In said report the complainant alleged that deceased was harassed by the accused and consequently committed suicide. After investigation the police submitted charge sheet against the present petitioners, relating to offence punishable under section 306, I.P.C. Hence these petitions. (4) Learned counsel for the petitioners submitted that the petitioners had no personal grievance against the deceased. It is pleaded that the deceased was a habitual absentee from his duty, who was suspended thrice during his service. It is further pleaded that he was found guilty in the departmental enquiry before he committed suicide. It is contended that the acts on the part of the petitioners were in discharge of their public duties and they had no intention to make the deceased commit suicide. In the counter affidavit filed on behalf of the State in Criminal Misc. Application No. 883 of 2005, the above pleaded facts are not denied. (5) Section 306 of Indian Penal Code 1860 (for short I.P.C) provides that 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. Section 107 of Indian Penal Code defines the word abetment. It provides that a person abets the doing of a thing who--- First---- Instigates any person to do that thing; or 4 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. (6) The facts of the present case even if accepted as concluded by the Investigation Officer does not constitute the abetment. It is not a case of prosecution that the petitioners instigated deceased to commit suicide or they aided in commission of suicide or they conspired in such act. There is no provocation goading, insisting, urging or encouraging the deceased in committing suicide, as such the petitions moved on behalf of the petitioners deserve to be allowed. (7) Accordingly, both the petitions moved under section 482 of Cr.P.C are hereby allowed. The proceedings of the criminal case no 950 of 2005 State vs. S.V.Singh and another, relating to offence punishable under section 306, I.P.C pending in the court of Judicial Magistrate, Ram Nagar (District Nainital) are hereby quashed. Dt.14.05.2010 NP (Prafulla C. Pant, J.)