SAURABH CHAMANLAL RATHI vs STATE OF GUJARAT
- Court
- Gujarat High Court
R/SCR.A/16264/2025 JUDGMENT DATED: 02/11/2026
(GJHC240858572025)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 16264 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 16763 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 17022 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 17265 of 2025
==========================================================
SAURABH CHAMANLAL RATHI & ANR.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR BHUNESH C RUPERA(3896) for the petitioners in SCRA 16264/2025
MR HARISINGH SODHA for the petitionerS in SCRA 16763/25 & 17022/25
MR YASH NANAVATY for the petitioners in SCRA 17265/2025
NOTICE SERVED for the Respondent No. 2
MR MANAN MEHTA, APP for the Respondent State
==========================================================
CORAM: HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 02/11/2026
COMMON JUDGMENT
Since common question of law and fact arises in this group
of petitions involving selfsame FIR, with the consent of learned
counsel for the parties, they are being disposed of by this
common judgment.
Rule. Learned APP waives service of rule for the
respondent State.
1. By way of these petitions, under Section 226 and 227 of
the Constitution of India , the petitioners prayed for quashing
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and setting aside FIR being C.R.No.I – 11189001251098
registered with Halvad Police Station, for the offences punishable
under Sections 108, 54, 219 of BNS i.e. u/s 306, 114, 184 of the
IPC respectively, section 40, 42(a) of the Gujarat Money Lander
Act as well as all other consequential proceedings arising out of
the aforesaid FIR qua the petitioner herein.
2. Brief facts of the case are as under:-
2.1 That the deceased (husband of the complainant) has
purchased land from original accused Nos.1 and 2 i.e.
Sharadbhai Valjibhai Patel and Sureshbhai Valjibhai Patel.
Though, the deceased had paid all the money towards purchase
of the land, the original accused Nos.1 and 2 have not executed
sale deed in favour of the deceased and in turn, they demanded
Rs.1 crore more. Therefore, the deceased borrowed some
amount from original accused No.3 Bharatbhai Gandubhai
Bhattasana and paid to the original accused Nos.1 and 2. Even
then, the accused Nos.1 and 2 demanded more amount. It is
further alleged in the FIR that the petitioners of Criminal Misc.
Application Nos.17022 of 2025 and 16763 of 2025 threatened
the deceased to return back the amount due and outstanding
towards business transaction. It is further alleged in the FIR
that petitioners of Criminal Misc. Application Nos.16264 of
2025 and 17265 of 2025 also threatened the deceased to return
the due and outstanding amount towards business transaction.
Thus, it is alleged that all the petitioners accused used to harass
the deceased mentally. Since the harassment became
unbearable, the deceased committed suicide by consuming
poison. Hence, present FIR.
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3. Learned counsel for the petitioner referring to the FIR in
question would submit that the minor civil dispute has entailed
in major result of suicide by the deceased. He would further
submit that according to the FIR, no ingredients of offences u/s
45 and 108 of the BNS are made out. He would further submit
that from the FIR, no positive action from the petitioner is found,
which prompted the deceased to commit suicide. He would
further submit that the FIR is also filed belatedly, after 10 days
of the incident which indicates that the FIR is filed after due
deliberation and consultation and designed to implicate the
accused for the offence under section 108 of the BNS. He would
further submit that there were business transactions between
the petitioners and the deceased and since some amount was
due and outstanding by the deceased towards the petitioners,
the petitioners issued legal notice to the deceased, which clearly
indicates that the petitioners have not taken any illegal steps or
have not acted in any manner, which can be termed as an
offence punishable under the provisions of the BNS. He would
further submit that the contents of the FIR even if takes on its
face value indicates nothing more than business transaction and
recovery of the outstanding dues. He would further submit that
nonetheless, the contents of the FIR does not attract essential
ingredients of abetment of things. He would further submit that
the documents placed on record would suggest that the
petitioners accused have not taken any illegal steps which
provoked the deceased to commit suicide. Hence, it is prayed to
allow the petitions.
4. Per contra , learned APP would submit that since the
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petitioner has approached this Court under Article 226/227 of
the Constitution of India , to quash the FIR at threshold, in
absence of the investigation in regards to the office, it cannot be
said that there is no instigation which prompted the deceased to
commit suicide. He would further submit that the police has not
formed any opinion whether the offence under section 108 of the
BNS is made out or not. Upon above submission, learned APP
requests to dismiss the petition.
5. Though served, none appears for the complainant.
5.1. At the outset, let reproduce the contents of the FIR as
under:-
“ Offence under Sections 108, 54, and 308(2) of the
Bharatiya Nyaya Sanhita, 2023, and Sections 40 and
42(a) of the Gujarat Money-Lenders Act, 2011, to the
effect that, in this case, even though the
Complainant's deceased husband had paid the entire
amount (of consideration) for the land purchased
from Accused Nos. 1 and 2, they did not execute the
sale deed for the said land and demanded an
additional amount of Rupees One Crore and that,
although repayment of the money borrowed at high
interest from Accused No. 3 was made, they
continued to demand more money and both Accused
Nos. 4 and 5 issued threats to recover outstanding
amount of dues from business. Moreover, regarding
the outstanding business dues of Accused Nos. 6 and
7, both of them along with Accused Nos. 5 and 8 — all
the four accused persons together — issued threats;
and Accused Nos. 9 and 10 both pressurized for the
recovery of outstanding business dues and thereby all
the aforesaid accused persons subjected the
deceased to persistent mental harassment, so much
so that, getting thoroughly fed up with the mental
torture and harassment caused by all the accused,
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the Complainant's deceased husband had committed
suicide by consuming a poisonous substance and
died, and thereby all the accused persons in this case
have committed the offence of abetting and aiding the
deceased in dying by committing suicide.”
6. What could be noticed on plain reading of the FIR that the
alleged transaction is civil transaction. According to the
complainant, the entire amount for purchasing the land has
been paid and yet, the accused Nos.1 and 2 were not executing
sale deeds and asking for more amount, whereas accused No.3
was asking to return money, which was lent to the deceased at
higher interest, and the original accused Nos.4 and 5 were
asking for recovery of the money, which was remained due in
business transaction and same allegations are levelled against
other accused. Therefore, what found from the FIR that civil
transaction or business transaction between the deceased and
the petitioners has ultimately lead to unfortunate incident.
According to the complainant, a threat was administered to the
deceased and since he was failed to comprehend the threat, he
committed suicide. Noticeably, repayment of the business
transaction or asking for additional amount towards sale
transaction are the centre cause. It would also appear that the
deceased was unable to pay the loan installment etc. All these
reasons even if considered as true and correct, they are
insufficient to fall under the category of “instigation” or any
positive act on the part of the petitioners to drive the deceased to
commit suicide. It is further noticed that for repayment of said
amount, the deceased had issued some cheques in favour of the
present petitioners which had been dishonored. Therefore, the
complaint under Section 138 of the N.I.Act has been lodged by
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the petitioners against the deceased. Considering the said fact,
there cannot be any instigation or any positive act at the hands
of the petitioners, which would drive the deceased to commit the
suicide. Filing of complaint u/s 138 of the NI Act ipso facto
would not result into attracting abetment of things.
7. Further submission of learned APP is that the names of the
petitioners are mentioned in the suicide note. However, on going
through the FIR, essential ingredients of abetment are missing.
Mere mentioning of the names in the suicide note is not
sufficient to make out a case of abetment. The main factor for
abetment of thing is that the prosecution needed to prove to
instigates any person to do particular thing, omission or illegal
omission for doing that thing. In the present case, this Court
does not find any essential ingredients of section 45 of the BNS,
which can even prima facie be proved on reading the FIR.
8. Let refer sections 45 and 108 of the BNS as under:-
“SECTION 45 of BNS : Abetment of a thing
A person abets the doing of a thing, who-
First.- Instigates any person to do that thing; or
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.
Explanation 1.-A person who, by wilful
misrepresentation, or by wilful concealment of a
material fact which he is bound to disclose,
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voluntarily causes or procures, or attempts to cause
or procure, a thing to be done, is said to instigate
the doing of that thing.
Illustration
A, a public officer, is authorized by a warrant
from a Court of Justice to apprehend Z. B,
knowing that fact and also that C is not Z,
wilfully represents to A that C is Z, and there
by intentionally causes A to apprehend C.
Here B abets by instigation the apprehension
of C.
Explanation 2.-Whoever, either prior to or at the
time of the commission of an act, does anything in
order to facilitate the commission of that act, and
thereby facilitate the commission thereof, is said to
aid the doing of that act.
SECTION 108 of BNS : Abetment of suicide
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.”
9. At this juncture, I may refer to decision in case of Mohit
Singhal & Anr. vs. The State of Uttarakhand & Ors ., rendered
in Criminal Appeal No.3578 of 2023 by the Hon’ble Apex Court
in regards to allegation of committal of suicide for demanding
money and for the offence under Section 108 of the BNS
following view is taken by the Hon’ble Apex Court. Paragraph 7
to 10 reads thus:
“7. The suicide note records that the third respondent had
borrowed a sum of Rs.60,000/-. According to the
deceased, he had paid more than half of the amount to
Sandeep. The suicide note records that as he could not
pay the rest of the money, the first appellant came to his
house and started abusing him. He stated that the first
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appellant had assaulted him, and therefore, he
complained to the police. He further noted that the
business of giving money on interest was prospering. He
stated that the third respondent is not a prudent woman,
and due to her habit of intoxication and due to her
conduct, she got trapped in this. In the suicide note, it is
further stated that the first appellant has made his life a
hell
8. According to the complaint of the third respondent, the
incident in her shop of the first appellant threatening and
assaulting her and her husband was on 15th June 2017.
After that, notice under Section 138 of the Negotiable
Instruments Act, 1881, was issued by Sandeep to the
deceased on 27th June 2017. The suicide note was
written three days after that, on 30th June 2017. The
deceased committed suicide three days thereafter. Neither
in the complaint of the third respondent nor in the suicide
note, it is alleged that after 15th June 2017, the
appellants or Sandeep either met or spoke to the third
respondent and her deceased husband. Section 108 of
the BNS makes abetment to commit suicide as an offence.
Section 107 of the IPC, which defines the abetment of a
thing, reads thus:
“Section 107 -- Abetment of a thing.- A person abets
the doing of a thing, who— First.—Instigates any
person to do that thing; or 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. Explanation 1.— A
person who, by wilful misrepresentation, or by wilful
concealment of a material fact which he is bound to
disclose, voluntarily causes or procures, or attempts
to cause or procure, a thing to be done, is said to
instigate the doing of that thing.” (underline supplied)
9. In the facts of the case, secondly and thirdly in Section
107, will have no application. Hence, the question is
whether the appellants instigated the deceased to commit
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suicide. To attract the first clause, there must be
instigation in some form on the part of the accused to
cause the deceased to commit suicide. Hence, the
accused must have mens rea to instigate the deceased to
commit suicide. The act of instigation must be of such
intensity that it is intended to push the deceased to such
a position under which he or she has no choice but to
commit suicide. Such instigation must be in close
proximity to the act of committing suicide.
10. In the present case, taking the complaint of the third
respondent and the contents of the suicide note as
correct, it is impossible to conclude that the appellants
instigated the deceased to commit suicide by demanding
the payment of the amount borrowed by the third
respondent from her husband by using abusive language
and by assaulting him by a belt for that purpose. The
said incident allegedly happened more than two weeks
before the date of suicide. There is no allegation that any
act was done by the appellants in the close proximity to
the date of suicide. By no stretch of the imagination, the
alleged acts of the appellants can amount to instigation to
commit suicide. The deceased has blamed the third
respondent for landing in trouble due to her bad habits.”
10. Fruitful reference can also be made to the judgment of the
Hon’ble Apex Court in case of Kumar @ Shiva Kumar Versus
State Of Karnataka, 2024 (0) AIR(SC) 1283 , after reviewing
series of judgments on the subject matter while summing up,
concluded thus:-
“47. Human mind is an enigma. It is well neigh
impossible to unravel the mystery of the human mind.
There can be myriad reasons for a man or a woman to
commit or attempt to commit suicide: it may be a case of
failure to achieve academic excellence, oppressive
environment in college or hostel, particularly for students
belonging to the marginalized sections, joblessness,
financial difficulties, disappointment in love or marriage,
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acute or chronic ailments, depression, so on and so forth.
Therefore, it may not always be the case that someone
has to abet commission of suicide. Circumstances
surrounding the deceased in which he finds himself are
relevant.”
11. Recently, the Hon’ble Apex Court in case of Patel
Joshnaben Pravinkumar and others Vs. State of Gujarat and
another, 2026(4) GLR 2290 , in regards to sustainability of
prosecution for abetment of suicide, held in para 24 as under:-
“24. While assessing whether a prima facie case of
abetment to commit suicide is made out or not, the court
must not merely consider the allegations in the suicide
note but also the surrounding facts of the case. Merely
because a dejected husband, or lover, out of frustration,
ends his life and puts the blame on the accused, in his
suicide note, is not enough to conclude that a prima facie
case is made out against those who are blamed. The
court would have to consider whether the conduct of the
accused complained of in ordinary circumstances would
have driven an ordinary person, not an over sensitive
person, to take that drastic step to end his life.”
12. On going through the FIR, learned APP failed to establish
single positive act on the pact of the petitioners to instigate the
deceased which prompted the deceased to commit suicide. It is
a simple case where outstanding amount towards business
transaction was asked, which cannot be considered as
instigation for commitment of the suicide. There are various
alternative left to the deceased for such a fact situation.
13. In the case of State of Haryana Vs. B.Bhajanlal & ors.,
AIR 1992 SC 604 , the Hon’ble Apex Court summed up the
proposition of law, which reads as under:-
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“(1) Where the allegations made in the First Information
Report or the complaint, even if they are taken at their
face value and accepted in their entirety do not prima
facie constitute any offence or make out a case against
the accused.
(2) Where the allegations ins the F.I.R. and other
materials, if any, accompanying the F.I.R. do not disclose
a cognizable offence, justifying an investigation by police
officers under S.156(1) of the Code except under an order
of a Magistrate within the purview of S.155(2) of the code.
(3) Where, the uncontroverted allegations made in the
F.I.R. or complaint and the evidence collected in support of
the same donot disclose the commission of any offence
and make out the case against the accused.
(4) Where, the allegations in the F.I.R. do not constitute a
cognizable offence but constitute only a non-cognizable
offence, no investigation is permitted by a police officer
without an order of a Magistrate as contemplated under
S.155(2) of the Code.
(5) Whether, the allegations made in the F.I.R. or
complaint are so absurd and inherently improbable on the
basis of which no prudent person can ever reach a just
conclusion that there is sufficient ground for proceeding
against the accused.
(6) Where, there is an express legal bare engrafted in any
of the provisions of the Code or the concerned Act (under
which a criminal proceeding is instituted) toi the
institution and/or where there is a specific provision in
the Code or the concerned Act, providing efficacious
redress for the grievance of the aggrieved party.
(7) Where a criminal proceeding is manifestly attended
with malafide and/or where the proceeding is maliciously
instituted with an ulterior motive for wreaking vengeance
on the accused and with a view to spite him due to private
and personal grudge."
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13.1 The findings of the Hon’ble Apex Court in para 1,3 and 5
are attracted in the present case. In view of above, present
petition deserves consideration.
14. This Court is quite conscious that power under Article 226
& 227 of the Constitution of India r/w section 528 of the BNSS
is extraordinary power and should be used sparingly, as the
exercise of such power would scuttle the FIR at the threshold.
But, if the FIR fails to make out essential ingredients of the
offence, power should be exercised. Upshot of the above
discussion, present petition deserves consideration.
15. In the result, present petition is allowed. Impugned FIR
being C.R.No.I – 11189001251098 registered with Halvad
Police Station as well as all other consequential proceedings
arising out of the aforesaid FIR qua the petitioners herein i.e. (1)
Saurabh Rathi (2) Girishbhai Maheshwari (3) Gajanand Joshi (4)
Anil Mangal (5) Jagdish Swami (6) Ramniwas Bhanwardas
Swami are hereby quashed and set aside. Rule made absolute to
the aforesaid extent. Direct service is permitted.
Registry to maintain copy of this order in each matter.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
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