HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10522 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioner and learned A.G.A. appearing for respondents No. 1 to 3. 2. No notice is being issued to the respondent No.4 taking into consideration the nature of order proposed to be passed. 3. Instant petition has been filed praying for quashing of the First Information Report dated 31.07.2024, bearing FIR/Case Crime No.301 of 2024, under Section 306 I.P.C. at Police Station Gudamba, District Lucknow. 4. Contention of learned counsel for the petitioner is that the petitioner is the mother of the deceased Abhishek Mishra who committed suicide on 10.06.2024. The daughter-in-law of the petitioner (wife of Sri Abhishek Mishra) has lodged the aforesaid FIR under Section 306 of the I.P.C. contending that on account of illicit relation of the petitioner with the third person (named in the FIR), her husband (Abhishek Mishra) was compelled to commit suicide. 5. Argument of the learned counsel for the petitioner is that apart from the fact of petitioner being the mother of the deceased, the other aspect is that the Hon'ble Supreme Court in case of Mahendra Awase vs. State of Madhya Pradesh 2025 INSC 76 has held that in the case under Section 306 IPC, the person who is said to have abetted the commission of suicide must have Versus Counsel for Petitioner(s) : Mohd.Anas Siddiqui Counsel for Respondent(s) : G.A. Smt. Meena Mishra .....Petitioner(s) State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Respondent(s) played an active role by an act of instigation or by doing certain act to facilitate the commission of suicide and therefore the act of abetment by the person charged with the said offence must be proved and established by the prosecution before he could be convicted under Section 306 IPC. 6. Further argument of learned counsel for the petitioner is that although the aforesaid judgment pertains to the conviction of a person yet in the fact of the case where the petitioner is the mother of the deceased and there is no direct clinching evidence to indicate that the petitioner instigated deceased to commit suicide, consequently, there cannot be any occasion for the respondents to harass the petitioner on the basis of the aforesaid FIR which has been lodged by her daughter-in-law. 7. On the other hand, learned AGA on the basis of instructions has argued that the investigation is still going on and the statement of the petitioner's daughter-of-law and her brother has been recorded. 8. Considering the aforesaid and the fact that the investigation is still continuing as well as the law laid down by Hon'ble Supreme Court in the case of Mahendra Awase (supra) the writ petition is disposed of with the direction to the respondent authorities to not act against the petitioner unless they have some cogent and credible evidence against the petitioner. 9. Needless to mention that the petitioner shall cooperate in the investigation. November 10, 2025 Reena/- CRLP No. 10522 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench