Mere abusive language or asking someone to die during a heated argument does not constitute abetment of suicide-QUASHED

For making a person liable for the offence of abetment to commit suicide, there should be sufficient proof of incitement of commission of such an act. Mere using abusive language or in a heated discussion and during the course of exchange of words, asking the other to die does not amount to instigation to commit suicide. The hypersensitiveness of the person who commits suicide should not rope the other with criminal prosecution.In the case on hand, more than sufficient opportunity is there for the deceased to get the agreement terminated and to come out of the clutches of the accused and the company if any. Furthermore, the deceased might have taken up the task of convincing the company that there is no possibility of increasing the sales or reaching the targets. Further, the authorities concerned might have been approached. But the deceased preferred to end his life. A person dead, cannot be blamed. However, as earlier indicated, the reasons shown cannot be termed to be instigation on part of the petitioners herein for the deceased to commit suicide.This Court does not find any prima facie case attracting the ingredients of Section 306 IPC which is guided by Section 107 IPC. Therefore, this Court is of the view that continuation of proceedings against the petitioners would certainly amount to abuse of process of Court.

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD Dr. CHILLAKUR SUMALATHA, J. Cri.P.No. 3460 of 2018 DECIDED ON : 28-02-2023 Atul Mathur Vs. State of Telangana through P.S.Marredpally, Secunderabad, rep.by the Public Prosecutor (TG), High Court, Hyderabad and another 2023 (2) ALT(CRI.) 372 ( S.B. )

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