Madhya Pradesh High Court quashes incitement to suicide case against hostel keeper and worker

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The Madhya Pradesh High Court has quashed an incitement to suicide case filed against the manager of Barwani-based Eklavya Adarsh ​​and one of his employees. A 14-year-old girl, an 8th grader, was found hanged in the girls’ home in July 2022.

In the present case, the only allegation against the applicants is that they did not provide a suitable room for the … in the inn and that they did not call her for lunch and dinner. Applicant #1 (guard) was never available at the hostel. Applicant No. 1 used to have the premises cleaned by all the girls in the hostel. Prior to the incident, the deceased had not lodged any complaint against the applicants before their higher authority or before a police station, Judge Anil Verma said.

From the reading of the suicide note it appears that there was no incitement, provocation, suggestion or force to commit suicide, except for the statements of the relatives of the deceased, there is nothing in the file to show that the deceased was being harassed by the petitioners, the court added.

The court was hearing the plea seeking the cancellation of the registered FIR for offenses under Sections 305, 306 and 34 of the CPI against the hostel manager and the worker for abetting the suicide.

It was alleged that whenever the deceased said anything to the manager, she would yell at him. The manager was forcing the deceased and the other girls at the hostel to clean the place like peons, it was alleged. It was also stated that the deceased also informed her mother that Dinesh, a peon at the inn, used to make her sift grain and do her own work. The family of the deceased alleged that due to the mistreatment of the deceased by the current applicants, she committed suicide.

The court referred to the case of Rajesh Vs. State of Madhya Pradesh, in which it ruled that in order to make charges under section 306 of the IPC, there must be a mens rea to force or induce the subject to commit suicide. It also requires an active or direct act, which causes the deceased to commit suicide and this act must push the deceased into such a position that he sees no choice but to annihilate his own life.

“Only an omnibus allegation has been made against the petitioners. It is also pertinent to note that the allegation against the petitioners does not constitute incitement to commit suicide. Therefore, given the law established in the Rajesh case ( supra), this Court of the considered opinion that there is no mens rea to force or induce the deceased to commit suicide,” he added.

While quashing the case, the court stated that I find that the prosecution of the current petitioners amounts to an abuse of process. This is therefore an appropriate case where the power provided for in article 482 CC cr can be exercised.

Case title: Smt Vimla and others v. State of the deputy

Attorney Ashish Gupta appeared for the Petitioners and Attorney Harsh Rana for the State

Click here to read/download the order

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