Shenbagavalli & Ors. vs. The Inspector of Police, Kancheepuram District & Anr. (SC)

Penal Code, 1860–Sec. 306 [Corresponding Sec. 108 of BNS, 2023]–Criminal proceedings–Sustainability–Alleged incident of harassment which led to the deceased committing suicide took place on 10.11.2013 whereas the incident of suicide took place on 09.12.2013–There has been no contact whatsoever either in person or by phone or any other means between the deceased or his relatives and his wife or any of other accused which would indicate continuous harassment or torture or any short of pressure–No proximity of any harassment or instigation prior to the incident of suicide having taken place–Othewise also, the contents of the FIR do not itself indicate any active or direct act which can be said to have led the deceased to commit suicide leaving him no option–Though the FIR is primarily based upon the suicide note, the essential requirement for constituting the offence remains unfulfilled–Procedings are liable to be quashed.