KANCHAN SHARMAversusSTATE OF UTTAR PRADESH & ANR.

194                       [2021]
               SUPREME COURT     6 S.C.R. 194
                              REPORTS                      [2021] 6 S.C.R.


A                           KANCHAN SHARMA
                                       v.
                   STATE OF UTTAR PRADESH & ANR.
                      (Criminal Appeal No. 1022 of 2021)
B                           SEPTEMBER 17, 2021
          [R. SUBHASH REDDY AND HRISHIKESH ROY, JJ.]
            Penal Code, 1860 – s.306 – Deceased (brother of
      complainant) went to the house of appellant and consumed poison
      by taking out from a small bottle which he carried in his pocket –
C
      Proceedings against appellant u/s.306, IPC and 3(2)(v) of the SC
      and ST Act – High Court rejected application of appellant u/s.482,
      CrPC – On appeal, held: Merely because deceased consumed
      poison in front of the house of the appellant, that itself will not
      indicate any relation of the appellant with the deceased – Absolutely
D     no material to allege that appellant abetted for suicide of the
      deceased within meaning of s.306, IPC – Even with regard to
      offence alleged u/s.3(2)(v) of the SC and ST Act, except vague and
      bald statement that appellant and other family members abused
      deceased by uttering casteist words, nothing on record to attract
      any of the ingredients for the alleged offence – Earlier, appellant
E
      and her father had gone to police station and complained against
      deceased as he was continuously calling appellant and proposing
      that she should marry him with a threat that he will die otherwise
      – Having regard to same and in absence of any material within
      the meaning of s.107 IPC, there is absolutely no basis to proceed
F     against the appellant u/s.306 IPC and s.3(2)(v) of the SC and ST
      Act – It would be travesty of justice to compel the appellant to face
      criminal trial without any credible material whatsoever – High
      Court erred in rejecting application of appellant u/s.482, CrPC –
      Cognizance order/NBW as well as proceedings u/s.306, IPC and
      3(2)(v) of the SC and ST Act against the appellant, set aside –
G
      Scheduled Castes and the Scheduled Tribes (Prevention of
      Atrocities) Act, 1989 – s.3(2)(v) – Code of Criminal Procedure, 1973
      – s.482.
            Penal Code, 1860 – s.306 – Abetment of suicide – Without
      positive act on the part of the accused to instigate or aid in
H
                                      194
KANCHAN SHARMA v. STATE OF UTTAR PRADESH & ANR.                         195


committing suicide, no one can be convicted for offence u/s.306 –       A
To proceed against any person for the offence u/s.306 it requires
an active act or direct act which led the deceased to commit suicide,
seeing no option and that act must have been intended to push
the deceased into such a position that he committed suicide.
       Code of Criminal Procedure, 1973 – s.482 – High Court, on        B
facts, erred in rejecting application filed by appellant u/s.482,
CrPC by merely recording a finding that in view of the factual
disputes, same cannot be decided in a petition u/s.482, CrPC –
Cognizance order/NBW as well as proceedings u/s.306, IPC and
3(2)(v) of the SC and ST Act against the appellant, set aside –
Penal Code, 1860 – s.306 – Scheduled Castes and the Scheduled           C
Tribes (Prevention of Atrocities) Act, 1989 – s.3(2)(v).
       Words and Phrases – Abetment – Meaning of – Held:
‘Abetment’ involves mental process of instigating a person or
intentionally aiding a person in doing of a thing.
                                                                        D
      Allowing the appeal, the Court
      HELD:1. Except the self-serving statements of the
complainant and other witnesses stating that deceased was in
love with the appellant, there is no other material to show that
appellant was maintaining any relation with the deceased. From          E
the material placed on record it is clear that on the date of
incident, the deceased went to the house of the appellant and
consumed poison by taking out from a small bottle which he has
carried in his pocket. Merely because he consumed poison in
front of the house of the appellant, that itself will not indicate
any relation of the appellant with the deceased. ‘Abetment’             F
involves mental process of instigating a person or intentionally
aiding a person in doing of a thing. Without positive act on the
part of the accused to instigate or aid in committing suicide, no
one can be convicted for offence under Section 306, IPC. To
proceed against any person for the offence under Section 306            G
IPC it requires an active act or direct act which led the deceased
to commit suicide, seeing no option and that act must have been
intended to push the deceased into such a position that he
committed suicide. There is nothing on record to show that
appellant was maintaining relation with the deceased and further
there is absolutely no material to allege that appellant abetted        H
196           SUPREME COURT REPORTS                     [2021] 6 S.C.R.


A     for suicide of the deceased within the meaning of Section 306,
      IPC. Even with regard to offence alleged under Section 3(2)(v)
      of the Scheduled Castes and the Scheduled Tribes (Prevention
      of Atrocities) Act, 1989, except vague and bald statement that
      the appellant and other family members abused deceased by
      uttering casteist words, there is nothing on record to show to
B
      attract any of the ingredients for the alleged offence also. [Para
      9][199-F-H; 200-A-C]
            2. In fact, at earlier point of time when the deceased was
      stalking the appellant, the appellant along with her father went
      to the police station complained about the calls which were being
C
      made by the deceased to the appellant. Same is evident from
      the statement of S.I. In his statement recorded he has clearly
      deposed that the father along with the appellant went to the
      police post and complained against the deceased who was
      continuously calling the appellant and proposing that she should
D     marry him with a threat that he will die otherwise. Having regard
      to such material placed on record and in absence of any material
      within the meaning of Section 107 of IPC, there is absolutely
      no basis to proceed against the appellant for the alleged offence
      under Section 306 IPC and Section 3(2)(v) of the Scheduled
E     Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
      1989. It would be travesty of justice to compel the appellant to
      face a criminal trial without any credible material whatsoever.
      [Para 10][202-F-H; 203-A]
            3. In view of the same, the High Court has committed
F     error in rejecting the application filed by the appellant under
      Section 482, CrPC by merely recording a finding that in view of
      the factual disputes same cannot be decided in a petition under
      Section 482, CrPC. [Para 11][203-A-B]
            4. The application filed under Section 482 CrPC stands
G     allowed and the cognizance order/NBW against appellant as well
      as proceedings of Special Trial arising out of Crime under
      Section 306, IPC and 3(2)(v) of the Scheduled Castes and the
      Scheduled Tribes (Prevention of Atrocities) Act, 1989 pending
      in the court of Additional District & Sessions Judge/Special
H     Judge (SC & ST Act) are set aside. [Para 12][203-B-C]
KANCHAN SHARMA v. STATE OF UTTAR PRADESH & ANR.                            197


      Chitresh Kumar Chopra v. State (Govt. of NCT of                      A
      Delhi) (2009) 16 SCC 605 : [2009] 13 SCR 230 ;
      Amalendu Pal @ Jhantu v. State of West Bengal (2010)
      1 SCC 707 : [2009] 15 SCR 836 ; S.S. Chheena v.
      Vijay Kumar Mahajan & Anr. (2010) 12 SCC 190 :
      [2010] 9 SCR 1111 ; and Rajiv Thapar & Ors. v.
                                                                           B
      Madan Lal Kapur (2013) 3 SCC 330 : [2013] 3 SCR
      52 – relied on.
                        Case Law Reference
[2009] 13 SCR 230                   relied on             Para 9
[2009] 15 SCR 836                   relied on             Para 9           C

[2010] 9 SCR 1111                   relied on             Para 9
[2013] 3 SCR 52                     relied on             Para 9
     CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
No.1022 of 2021.                                                           D
      From the Judgment and Order dated 18.07.2019 of the High
Court of Judicature at Allahabad in Application u/s 482 No.27662 of
2019.
      Sanchit Garga, Adv. for the Appellant.
                                                                           E
      Aviral Saxena, Sarvesh Singh Baghel, Advs. for the Respondents.
      The Judgment of the Court was delivered by
      R. SUBHASH REDDY, J.
      1. Leave granted.                                                    F
      2. This criminal appeal is filed by the applicant in Application
No.27662 of 2019, aggrieved by the order dated 18.07.2019 passed by
the High Court of Allahabad, dismissing her application filed under
Section 482 of Code of Criminal Procedure (Cr.PC).
      3. That on 11.05.2018, an FIR bearing Case Crime No.278/2018         G
was registered at P.S. T.P. Nagar Police Station, District Meerut on
the complaint of Vijaydeep (complainant and brother of the deceased)
under Sections 328, 302, IPC and 3(2)(v) of The Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short,
‘the Act’), alleging that his brother Vikas (deceased) was called by the
                                                                           H
198             SUPREME COURT REPORTS                           [2021] 6 S.C.R.


A     appellant – Kanchan Sharma on 04.05.2018 at her house. At that point
      of time his brother was on duty at PVM Logistic Company and on such
      call, he went to the house of the appellant, wherein the appellant’s father,
      mother and sister met his brother and all of them abused his brother
      with casteist abuses and forcefully administered poison to him and
      consequently his brother became unconscious. Complainant further
B
      stated that his brother was taken to hospital and due to the negligence
      of the hospital, he died.
             4. Initially FIR was registered for offences punishable under
      Sections 328, 302 of IPC and Section 3(2)(v) of the Act against the
      appellant, her brother and sister. After investigation, final report was
C     filed only against the appellant for the offence under Section 306 IPC
      and Section 3(2)(v) of the Act. On filing such final report, cognizance
      was taken against the appellant and on 21.02.2019 non-bailable warrants
      were issued against the appellant. After filing of the final report, case
      was registered against the appellant in Special Sessions Trial No.23 of
D     2019 (State v. Kanchan Sharma) under Section 306 IPC and Section
      3(2)(v) of the Act, which is pending on the file of the Additional District
      & Sessions Judge / Special Judge, Scheduled Castes & Scheduled Tribes
      (Prevention of Atrocities) Act, Meerut.
             5. Appellant herein has approached the High Court for quashing
E     of cognizance order / NBW issued against her as well as the criminal
      proceedings in Special Trial No.23 of 2019 pending on the file of the
      Additional District & Sessions Judge / Special Judge, Scheduled Castes
      & Scheduled Tribes (Prevention of Atrocities) Act, by way of application
      under Section 482, Cr.PC for quashing the proceedings. It was the case
      of the appellant before the High Court that no offence is made out
F     against the appellant to proceed for trial for the alleged offence under
      Section 306, IPC and Section 3(2)(v) of the Act. The High Court, by
      impugned order, has disposed of the petition mainly on the ground that
      the disputed questions of fact cannot be adjudicated at this stage under
      Section 482, Cr.PC.
G            6. We have heard Sri Sanchit Garga, learned counsel for the
      appellant and Sri Aviral Saxena, learned counsel for the 1 st
      respondent-State. Though the 2nd respondent-complainant is served,
      there is no appearance on his behalf before this Court.
            7. Sri Garga, learned counsel for the appellant has mainly
H     contended that there is absolutely no basis to proceed against the
KANCHAN SHARMA v. STATE OF UTTAR PRADESH & ANR.                                 199
            [R. SUBHASH REDDY, J.]

appellant for alleged offence under Section 306, IPC and Section 3(2)           A
(v) of the Act. It is submitted that except that the appellant was harassed
by the deceased by following her and proposing marriage with him there
is absolutely no basis to allege that the appellant has abetted the suicide
of the deceased. It is submitted that on the day of incident, i.e.,
04.05.2018 deceased came to the house of the appellant and started
                                                                                B
shouting that he would marry the appellant and if her marriage was
not solemnized he would consume poison. Within no time thereafter he
consumed poison from a small bottle which he was holding in his hand
and fell unconscious and thereafter died in the hospital. It is submitted
that in absence of any of the ingredients of Section 306/107, IPC,
appellant cannot be subjected to trial for the offence under Section 306,       C
IPC and Section 3(2)(v) of the Act. It is submitted that by considering
the material as it is on record even the offence under Section 3(2)(v)
of the Act is not made out.
       8. On the other hand, learned counsel for respondent no.1-State
has submitted that the deceased was maintaining relation with the               D
appellant. As she has refused to marry the deceased, deceased has
committed suicide by consuming poison. In view of the relation
maintained by her, it amounts to abetment for committing the suicide
by the deceased within the meaning of Section 306 of IPC. It is further
submitted that the appellant and other members of the family have
abused the deceased by uttering casteist words, as such, appellant is           E
rightly sought to be prosecuted for the offence under Section 3(2)(v)
of the Act.
       9. Having heard learned counsel on both sides, we have perused
the impugned order and other material placed on record. Except the
self-serving statements of the complainant and other witnesses stating          F
that deceased was in love with the appellant, there is no other material
to show that appellant was maintaining any relation with the deceased.
From the material placed on record it is clear that on the date of incident
on 04.05.2018 deceased went to the house of the appellant and
consumed poison by taking out from a small bottle which he has carried          G
in his pocket. Merely because he consumed poison in front of the house
of the appellant, that itself will not indicate any relation of the appellant
with the deceased. ‘Abetment’ involves mental process of instigating
a person or intentionally aiding a person in doing of a thing. Without
positive act on the part of the accused to instigate or aid in committing
suicide, no one can be convicted for offence under Section 306, IPC.            H
200               SUPREME COURT REPORTS                          [2021] 6 S.C.R.


A     To proceed against any person for the offence under Section 306 IPC
      it requires an active act or direct act which led the deceased to commit
      suicide, seeing no option and that act must have been intended to push
      the deceased into such a position that he committed suicide. There is
      nothing on record to show that appellant was maintaining relation with
      the deceased and further there is absolutely no material to allege that
B
      appellant abetted for suicide of the deceased within the meaning of
      Section 306, IPC. Even with regard to offence alleged under Section
      3(2)(v) of the Act it is to be noticed that except vague and bald
      statement that the appellant and other family members abused deceased
      by uttering casteist words but there is nothing on record to show to
C     attract any of the ingredients for the alleged offence also. This Court
      in the case of Chitresh Kumar Chopra v. State (Govt. of NCT of
      Delhi)1 had an occasion to deal with the aspect of abetment. In the
      said case this Court has opined that there should be an intention
      to provoke, incite or encourage the doing of an act by the accused.
      Besides, the judgment also observed that each person’s suicidability
D     pattern is different from the other and each person has his own idea
      of self-esteem and self-respect. In the said judgment it is held that it is
      impossible to lay down any straightjacket formula dealing with the cases
      of suicide and each case has to be decided on the basis of its own
      facts and circumstances. In the case of Amalendu Pal @ Jhantu
E     v. State of West Bengal2 in order to bring a case within the purview
      of Section 306, IPC this Court has held as under :
               “12. Thus, this Court has consistently taken the view that before
               holding an accused guilty of an offence under Section 306 IPC,
               the court must scrupulously examine the facts and circumstances
F              of the case and also assess the evidence adduced before it in
               order to find out whether the cruelty and harassment meted out
               to the victim had left the victim with no other alternative but to
               put an end to her life. It is also to be borne in mind that in cases
               of alleged abetment of suicide there must be proof of direct or
               indirect acts of incitement to the commission of suicide. Merely
G              on the allegation of harassment without there being any positive
               action proximate to the time of occurrence on the part of the
               accused which led or compelled the person to commit suicide,
               conviction in terms of Section 306 IPC is not sustainable.
      1
          (2009) 16 SCC 605
H     2
          (2010) 1 SCC 707
KANCHAN SHARMA v. STATE OF UTTAR PRADESH & ANR.                                   201
            [R. SUBHASH REDDY, J.]

         13. In order to bring a case within the purview of Section 306           A
         IPC there must be a case of suicide and in the commission of
         the said offence, the person who is said to have abetted the
         commission of suicide must have played an active role by an act
         of instigation or by doing certain act to facilitate the commission
         of suicide. Therefore, the act of abetment by the person charged
                                                                                  B
         with the said offence must be proved and established by the
         prosecution before he could be convicted under Section 306 IPC.”
      In the judgment in the case of S.S. Chheena v. Vijay Kumar
Mahajan & Anr.3 this Court reiterated the ingredients of offence of
Section 306 IPC. Paragraph 25 of the judgment reads as under :
                                                                                  C
         “25. Abetment involves a mental process of instigating a person
         or intentionally aiding a person in doing of a thing. Without a
         positive act on the part of the accused to instigate or aid in
         committing suicide, conviction cannot be sustained. The intention
         of the legislature and the ratio of the cases decided by this Court
         is clear that in order to convict a person under Section 306 IPC         D
         there has to be a clear mens rea to commit the offence. It also
         requires an active act or direct act which led the deceased to
         commit suicide seeing no option and that act must have been
         intended to push the deceased into such a position that he
         committed suicide.”                                                      E
      In the judgment in the case of Rajiv Thapar & Ors. v. Madan
Lal Kapur4 this Court has considered the scope of the provision under
Section 482, Cr.PC and has laid down the steps which should be
followed by the High Court to determine the veracity of a prayer for
quashing of proceedings in exercise of power under Section 482, Cr.PC.            F
Paragraph 30 containing the four steps read as under :
         “30. Based on the factors canvassed in the foregoing paragraphs,
         we would delineate the following steps to determine the veracity
         of a prayer for quashment raised by an accused by invoking the
         power vested in the High Court under Section 482 CrPC:                   G
         30.1. Step one: whether the material relied upon by the accused
         is sound, reasonable, and indubitable i.e. the material is of sterling
         and impeccable quality?
3
    (2010) 12 SCC 190
4
    (2013) 3 SCC 330                                                              H
202            SUPREME COURT REPORTS                             [2021] 6 S.C.R.


A           30.2. Step two: whether the material relied upon by the accused
            would rule out the assertions contained in the charges levelled
            against the accused i.e. the material is sufficient to reject and
            overrule the factual assertions contained in the complaint i.e. the
            material is such as would persuade a reasonable person to dismiss
            and condemn the factual basis of the accusations as false?
B
            30.3. Step three: whether the material relied upon by the accused
            has not been refuted by the prosecution/complainant; and/or the
            material is such that it cannot be justifiably refuted by the
            prosecution/complainant?
C           30.4. Step four: whether proceeding with the trial would result
            in an abuse of process of the court, and would not serve the ends
            of justice?
            30.5. If the answer to all the steps is in the affirmative, the judicial
            conscience of the High Court should persuade it to quash such
D           criminal proceedings in exercise of power vested in it under
            Section 482 CrPC. Such exercise of power, besides doing justice
            to the accused, would save precious court time, which would
            otherwise be wasted in holding such a trial (as well as
            proceedings arising therefrom) specially when it is clear that the
            same would not conclude in the conviction of the accused.”
E
             10. By applying the aforesaid ratio decided by this Court, we
      have carefully scrutinized the material on record and examined the facts
      of the case on hand. Except the statement that the deceased was in
      relation with the appellant, there is no material at all to show that
      appellant was maintaining any relation with the deceased. In fact, at
F     earlier point of time when the deceased was stalking the appellant, the
      appellant along with her father went to the police station complained
      about the calls which were being made by the deceased to the appellant.
      Same is evident from the statement of S.I. Manoj Kumar recorded on
      05.07.2018. In his statement recorded he has clearly deposed that the
G     father along with the appellant went to the police post and complained
      against the deceased who was continuously calling the appellant and
      proposing that she should marry him with a threat that he will die
      otherwise. Having regard to such material placed on record and in
      absence of any material within the meaning of Section 107 of IPC, there
      is absolutely no basis to proceed against the appellant for the alleged
H     offence under Section 306 IPC and Section 3(2)(v) of the Act. It would
KANCHAN SHARMA v. STATE OF UTTAR PRADESH & ANR.                              203
            [R. SUBHASH REDDY, J.]

be travesty of justice to compel the appellant to face a criminal trial      A
without any credible material whatsoever.
      11. In view of the same, we are of the view that the High Court
has committed error in rejecting the application filed by the appellant
by merely recording a finding that in view of the factual disputes same
cannot be decided in a petition under Section 482, Cr.PC.                    B
       12. For the aforesaid reasons, this appeal is allowed and Order
dated 18.07.2019 passed by the High Court of Allahabad in Application
No.27662 of 2019 is set aside. Consequently, the said application stands
allowed by quashing the order/NBW dated 21.02.2019 as well as
proceedings of Special Trial No.23 of 2019 (State v. Kanchan Sharma)         C
arising out of Crime No.0278 of 2018 under Section 306, IPC and 3(2)(v)
of The Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 pending in the court of Additional District &
Sessions Judge / Special Judge (SC & ST Act), Meerut.

                                                                             D
Bibhuti Bhushan Bose                                       Appeal allowed.




                                                                             E




                                                                             F




                                                                             G




                                                                             H