Mere registration of FIR and verbal threats do not constitute abetment of suicide without active instigation.

The petitioners filed a quashing petition under Section 482 of the Code of Criminal Procedure regarding an FIR registered for offences under Sections 306, 504, 506(2), and 114 of the Indian Penal Code (IPC).

The dispute arose following the death of Maniben (daughter of Petitioner No. 1), who allegedly committed suicide at her matrimonial home. On July 8, 2020, Petitioner No. 1 lodged an FIR against the deceased (Sunil @ Vipul) and his family for abetment of Maniben's suicide.

While in police custody for investigation of that FIR, Sunil @ Vipul committed suicide in the police station toilet.

His father (Respondent No. 2) filed the impugned FIR alleging that the petitioners had threatened the deceased, demanded property transfers as a condition for performing Maniben's last rites, and claimed they would "not spare" him once he was released from custody.

During the pendency of this petition, Petitioner No. 1 passed away, and the petition qua him stood abated.

The court relied on Section 306 (Abetment of suicide) and Section 107 (Definition of abetment) of the IPC, which require active instigation, conspiracy, or intentional aid with a clear mens rea.

It applied the "seven categories" test for quashing FIRs from State of Haryana v. Bhajan Lal.

Regarding Section 306, it followed Mahendra Awase v. State of M.P. and Ramesh Kumar v. State of Chhattisgarh, ruling that words uttered in a fit of anger without the intention to cause suicide do not amount to instigation.

For Sections 504 and 506(2), the court applied Vikram Johar v. State of U.P. and Mohammad Wajid v. State of U.P., which establish that mere abuse or threats without the intent to cause alarm or provoke a breach of peace do not constitute criminal intimidation or intentional insult.

The court observed that for Section 306 to apply, there must be a "direct or indirect act of incitement".

The allegations that the petitioners threatened to kill the deceased "after he was released" or demolished his house were found insufficient, as the deceased was in police custody at the time and the threat was contingent on a future event.

The court noted that a person may react differently to stress, but the law requires an "active act" intended to push the deceased to suicide, which was missing here.

The court found that the FIR appeared to be a counter-blast to the initial FIR lodged by the petitioners, intended to exert pressure for a settlement.

Regarding Sections 504 and 506, the court determined that the essential ingredients—intentional insult to provoke a breach of peace and the specific intent to cause alarm—were "conspicuously absent" from the complaint.

It held that the allegations, even if accepted in their entirety, did not prima facie constitute the alleged offences.

Consequently, the High Court quashed and set aside FIR No. 11187002200761 of 2020 registered at Balasinor Police Station and all consequential proceedings against the surviving petitioners. Rule was made absolute.