Nidhi R. Sasi v. State of Kerala
In the High Court of Kerala
Crl. M.C. 4980/2015
Before Justice B. Kemal Pasha
Decided on January 18, 2018

Relevancy of the case: Quashing of proceedings in a case involving abetment to suicide and Section 67, 67A of the Information Technology Act, 2000

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Sections 67, 67A)
• The Indian Penal Code, 1860 (Sections 306, 307)

Relevant Facts of the Case

• The deceased is alleged of abducting and attacking the petitioner who suffered serious injuries.
• A crime was registered against the deceased, who then absconded and committed suicide.
• The deceased’s wife complained that he committed suicide due to the petitioner’s instigation, and an investigation into the same was conducted.
• The petitioner filed the present petition for quashing of proceedings.

Prominent Arguments by the Advocates

• The petitioner’s counsel submitted that there is no allegation sufficient to invite an offence under Section 306 of the Indian Penal Code, 1860 and that the deceased committed suicide after seeing the newspaper reports where his face was published.
• The respondent’s counsel argued that letters between the deceased and his brother reveal an illicit relationship between the petitioner and the deceased.

Opinion of the Bench

• The Court is of the opinion that, there may have been some illicit relationship between the petitioner and the deceased, but there is no concrete allegation to prove that the petitioner instigated the deceased to commit suicide. Further, the Court observed that the reason for the suicide of the deceased was the first information report against him for a serious offence under Section 307 of the Indian Penal Code, 1860 and the appearance of his photograph in newspapers.
• The suicide note does not reveal any instigation on part of the petitioner, therefore there is nothing to invite any of the offences against the petitioner.

Final Decision

• All proceedings were quashed.