- 1 - NC: 2025:KHC:7397 CRL.P No. 2928 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 2928 OF 2022 BETWEEN: SMT. NOOR JAHAN AGED 50 YEARS, WIFE OF ISMAIL KASIM RESIDING AT NO.203, II FLOOR, SUKH SAGAR APARTMENT, BENDOORWELL MANGALURU - 575 002. …PETITIONER (BY SRI. PALLAVA .R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MANGALURU SOUTH P.S. MANGALURU CITY - 575 001 REPRESENTED BY THE LEARNED SPP, HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. SHRI. CHANDRASHEKAR K AGED 52 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER, OCCUPATION: ASST. SUB-INSPECTOR OF POLICE MANGALURU SOUTH POLICE STATION PANDESHWARA, MANGALURU CITY - 575 001. …RESPONDENTS (BY SMT. K.P. YASHODHA, HCGP FOR R1) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE IMPUGNED FIR DATED 08.12.2021 IN CRL.NO.170/2021 REGISTERED BY THE MANGALURU SOUTH P.S., THE 1ST Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:7397 CRL.P No. 2928 of 2022 RESPONDENT HEREIN AS AGAINST THE PETITIONER BY ARRAIGNING HER AS ACCUSED FOR THE OFFENCE P/U/S 306 OF IPC ON THE FILE OF THE JMFC (II COURT), MANGALURU, D.K., WHICH IS GIVEN HEREIN AT ANNEXURE-A. THIS CRL.P, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioner being the sole accused is seeking to quash the criminal proceedings initiated against her in Cr.No.170/2021, on the file of the learned JMFC (II Court), Mangaluru, D.K., for the offence punishable under Section 306 of Indian Penal Code ( for short 'IPC'). 2. Brief facts of the case are that, respondent No.2 being the informant filed the first information stating that he being the police officer received an audio clipping to his mobile phone from the deceased stating that he was abetted and induced to commit suicide by the petitioner as she was trying to convert his wife into Muslim community and therefore, his wife and children have died and he was also compelled to commit suicide. A case under Section 306 of IPC was registered and the investigation was undertaken. In the meantime, the - 3 - NC: 2025:KHC:7397 CRL.P No. 2928 of 2022 petitioner has approached this Court seeking to quash the criminal proceedings initiated against her, in the interest of justice. 3. Heard Sri. Pallava R., learned counsel for the petitioner and Smt. K.P.Yashodha, learned High Court Government Pleader for respondent Nos.1 and 2. Perused the materials on record. 4. Learned counsel for the petitioner contended that none of the ingredients under Section 306 of IPC could be attracted to the facts of the case. Even if the averments made in the first information are to be accepted, there is no chance of convicting the petitioner on the basis of such allegations. 5. Learned counsel placed reliance on the decision of the Hon’ble Apex Court in Mohit Singhal and another1, Kanchan Sharma Vs. State of Uttar Pradesh an another2, Arnab Manoranjan Goswami Vs. State of Maharashtra and others3 to contend that to attract Section 306 of IPC, there must be an abetment as defined under Section 107 of 1 (2024) 1 SCC 417 2 (2021) 13 SCC 806 3 (2021) 2 SCC 427 - 4 - NC: 2025:KHC:7397 CRL.P No. 2928 of 2022 IPC. There must be instigation to compel the deceased to commit suicide, the accused must have mens rea to instigate the deceased to commit suicide and in the absence of any such ingredients, Section 306 of IPC cannot be attracted. 6. Learned counsel submitted that the deceased killed his wife and two minor children before committing suicide and therefore, case under Section 302 of IPC was registered against him. Immediately after causing the death of his wife and children, the deceased committed suicide. The audio message said to have been sent by the deceased cannot attract Section 306 of IPC under any circumstances and therefore, the proceeding with the criminal investigation is a futile exercise and is an abuse of process of law. Hence, prays for allowing the petition. 7. Per contra, learned High Court Government Pleader opposing the petition submitted that the Police Inspector received the audio message from the deceased just before committing suicide. The same was taken into consideration and the FIR came to be registered. During initial stage of investigation, the Investigating Officer found the death note of - 5 - NC: 2025:KHC:7397 CRL.P No. 2928 of 2022 the deceased at the scene of occurrence and the same was sent to the FSL for verification. The statement of few witnesses were recorded which prima-facie disclose commission of the offence by the petitioner. When the investigation was still in progress, petitioner approached this Court and got the interim order of stay of the further proceedings and therefore, the investigation was not completed. But in the meantime, the petitioner cannot contend that none of the ingredients of Section 306 of IPC are attracted to the facts of the present case. 8. Learned High Court Government Pleader further submitted that the decisions relied on by the learned counsel for the petitioner are all rendered after filing of the charge sheet by the Investigating Officer. But in the present case, the investigation is at initial stage and even then there are sufficient materials to constitute the offence. Under such circumstances, petitioner is not entitled for grant of any relief. Accordingly, prays for dismissal of the petition. 9. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: - 6 - NC: 2025:KHC:7397 CRL.P No. 2928 of 2022 “Whether the Petitioner has made out any grounds to allow the petition and to quash the criminal proceedings initiated against her?" My answer to the above point is in ‘negative' for the following: R E A S O N S 10. The Police Inspector filed the first information alleging commission of the offence by the petitioner under Section 306 of IPC, after receiving voice message in his mobile phone. It is stated that the deceased before committing suicide by hanging, sent a voice message alleging abetment to commit suicide by the petitioner. Based on the same, the FIR came to be registered. The investigation was undertaken by the Investigating Officer. It is stated that the death note left by the deceased was found at the scene of occurrence and the same is sent to FSL for verification. It is also stated that the statements of several witnesses were recorded by the Investigating Officer, which clearly makes out a prima-facie for the offence under Section 306 of IPC. However, the charge sheet was not yet filed - 7 - NC: 2025:KHC:7397 CRL.P No. 2928 of 2022 when the petition was filed. In the meantime, the petitioner approached this Court for quashing the criminal proceedings. 11. In the first information, the informant has extracted the contents of the voice message, where the deceased is said to have stated that the petitioner is responsible for his death, as she was trying to convert his wife to Muslim community, which led to the death of his wife and children and driven him to commit suicide. 12. When such specific allegations are made, it is too premature to form an opinion that none of ingredients of Section 306 of IPC are attracted to the facts of the case. Even though investigation was not completed and the charge sheet is not filed, the specific contention taken by the learned High Court Government Pleader that the death note written by the deceased found by the Investigating Officer sent to the FSL examination and the statements of several witnesses were recorded to substantiate the contention, I am of the opinion that it is premature to form an opinion that none of the ingredients of Section 306 of IPC are attracted. The voice message which is transcripted in the first information itself - 8 - NC: 2025:KHC:7397 CRL.P No. 2928 of 2022 prima-facie discloses abatement to commit suicide and therefore, the petitioner is not entitled for grant of any relief. 13. Even though the learned counsel for the petitioner has placed reliance on the decisions of the Hon’ble Apex Court as referred to above, there cannot be any dispute with regard to requirements of law to attract Sections 306 and 107 of IPC. When there are prima-facie materials to constitute the offence, I am of the opinion that the decisions will not help the petitioner in any manner. 14. Accordingly, I answer the above point in the negative and proceed to pass the following: ORDER The petition is dismissed. In view of the disposal of the main petition, pending IA No.1/2024 stands disposed of. Sd/- (M G UMA) JUDGE BH List No.: 1 Sl No.: 11