{"id":242994,"date":"2009-02-06T00:00:00","date_gmt":"2009-02-05T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/yash-kumar-arora-and-another-vs-state-of-punjab-and-another-on-6-february-2009"},"modified":"2018-03-13T06:24:05","modified_gmt":"2018-03-13T00:54:05","slug":"yash-kumar-arora-and-another-vs-state-of-punjab-and-another-on-6-february-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/yash-kumar-arora-and-another-vs-state-of-punjab-and-another-on-6-february-2009","title":{"rendered":"Yash Kumar Arora And Another vs State Of Punjab And Another on 6 February, 2009"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Yash Kumar Arora And Another vs State Of Punjab And Another on 6 February, 2009<\/div>\n
Criminal Misc. No. M-31173 of 2008 (O&M)                        -1-\n\n      IN THE HIGH COURT OF PUNJAB AND HARYANA\n                   AT CHANDIGARH\n                        ****\n                            Criminal Misc. No. M-31173 of 2008 (O&M)\n                                     Date of Decision:06.02.2009\n\nYash Kumar Arora and another\n                                                        .....Petitioners\n            Vs.\n\nState of Punjab and another\n                                                        .....Respondents\n\n\nCORAM:- HON'BLE MR. JUSTICE HARBANS LAL\n\nPresent:-   Mr. P.S. Ahluwalia, Advocate for the petitioners.\n\n            Mr. T.S. Salana, Deputy Advocate General, Punjab.\n\n            Mr. Animash Sharma, Advocate for the complainant.\n\n                        ****\nJUDGMENT\n<\/pre>\n
HARBANS LAL, J.\n<\/p>\n
            This petition has been moved by Yash Kumar Arora as well as<\/p>\n
his brother Surinder Kumar Arora under Section 482 of the Code of<\/p>\n
Criminal Procedure for quashing of FIR No.246 dated 8.11.2008 registered<\/p>\n
at Police Station Bhulath, District Kapurthala under Section 306 of IPC<\/p>\n
along with all subsequent proceedings.\n<\/p>\n
            The facts in brief are that Chetan Bajaj made statement stating<\/p>\n
that “We are two brothers and one sister. I along with my brother Sunil<\/p>\n
Bajaj run the shop of Commission Agent at Bhatha Bazar. Before the<\/p>\n
purchase of paddy by the Government, Yashpal Arora and Surinder Kumar<\/p>\n
Arora son of Bhagat Ram Arora resident of Ward No.7 Bhulath, owners of<\/p>\n
Bharat Rice Mill, Bhulath kept their paddy crop in their sheller through our<\/p>\n
shop of Commission Agent by saying that paddy crop was required to be
\n Criminal Misc. No. M-31173 of 2008 (O&M)                      -2-\n<\/p>\n
sold at the rate fixed by the government through your sheller and we are<\/p>\n
taking the same away and that the payment of the same would be made in<\/p>\n
the account of the government through official account.       But after the<\/p>\n
purchase of paddy crop, the aforesaid owner of sheller, neither got the<\/p>\n
paddy crop entered in the account of the government nor got made payment<\/p>\n
of the same through official account. When we asked them to make the<\/p>\n
payment through official account of the government, the aforesaid persons<\/p>\n
assured us that they would make payment of us, which was approximately<\/p>\n
to the tune of Rs.13 lacs, but they did make any payment to us out of the<\/p>\n
said payment. When we asked them about the same, they refused to make<\/p>\n
payment. As a result of it, our business had suffered to a great extent. The<\/p>\n
Zimidars were visiting us and demanding their money back from us daily.<\/p>\n
Today, I along with my brother Sunil Bajaj and partner Jagdish Kumar son<\/p>\n
of Munshi Ram resident of Ward No.4 Bhulath went to the sheller to get our<\/p>\n
money back from Yashpal and Surinder Kumar owners of Bharat Rice Mill,<\/p>\n
Bhulath. At that time, it would be around 2:30\/ 3:00 P.M, when both the<\/p>\n
aforesaid brothers were found present in the above said sheller. They<\/p>\n
refused to pay back our amount. They turned us out of their sheller forcibly<\/p>\n
and insulted us. They said that they did not owe anything to us and that<\/p>\n
they can do whatever they can do by approaching anybody of their choice.<\/p>\n
At this, my brother Sunil Bajaj was upset to a great extent and due to the<\/p>\n
said frustration, he consumed some poisonous substance. When I came to<\/p>\n
know about it, I along with my partner Jagdish Kumar made an arrangement<\/p>\n
for vehicle and took my brother Sunil Bajaj to Berry Hospital, Jallandahr to<\/p>\n
save him. As the condition of my brother was serious, so they did not admit<\/p>\n
him and advised us to take him to CMC, Loudhiana. We were taking my
\n Criminal Misc. No. M-31173 of 2008 (O&M)                        -3-\n<\/p>\n
brother to CMC Hospital, Ludhiana, where my brother succumbed to his<\/p>\n
injuries on the way just ahead of Rama Mandi, Jallandhar. After taking his<\/p>\n
dead body, we were coming back to Bhulath where you (referring to ASI<\/p>\n
Goldy Virdi) met us on the way near Kartarpur.        My brother Sunil Bajaj<\/p>\n
was upset on account of insult meted out to him by the owners of sheller<\/p>\n
and on account of refusal regarding payment of money of paddy and due to<\/p>\n
it, he had consumed some poisonous substance and died.” That the case of<\/p>\n
the petitioners does not fall under any of the clauses provided under Section<\/p>\n
107 of IPC. In the present case, commission of suicide was not instigated<\/p>\n
by the present petitioners in any manner.        Even if the allegations are<\/p>\n
believed to be true, these relate to commercial dispute between the parties.<\/p>\n
The mere non-payment of money will not coerce a normal man to commit<\/p>\n
suicide. As a matter of fact, the present petitioners had nothing to do with<\/p>\n
the death of the deceased and have been falsely implicated due to<\/p>\n
professional rivalries. That in the present case, both the parties have entered<\/p>\n
into a compromise due to intervention of respectables.         The misguided<\/p>\n
suspicion on the basis of which the complainant party got registered the FIR<\/p>\n
has been cleared. In these premises, the afore-referred FIR may be quashed.<\/p>\n
            I have heard the ld. Counsel for the parties.             Mr. P.S.<\/p>\n
Ahluwalia, Advocate appearing on behalf of the petitioners initially urged<\/p>\n
that a glance through Annexure P.4 would reveal that the parties have<\/p>\n
compromised the matter and that being so, in view of the ratio decidendi<\/p>\n
laid down by this Court in re: Kulwinder Singh v. State of Punjab, 2007<\/p>\n
(3) Recent Criminal Reports (Criminal) 1052 and Ashwani Kumar v.<\/p>\n
State of Punjab, 2008 (1) Recent Criminal Reports (Criminal) 1034, the<\/p>\n
FIR may be quashed.\n<\/p>\n
 Criminal Misc. No. M-31173 of 2008 (O&M)                      -4-\n<\/p>\n
            I have given a deep and thoughtful consideration to these<\/p>\n
submissions. In re: Manoj Sharma v. State and others, 2008(4) Recent<\/p>\n
Criminal Reports (Criminal) 827, the Apex Court has held as under:-<\/p>\n
            “There can be no doubt that a case under Section 302 IPC or<\/p>\n
            other serious offences like those under Sections 395, 307 or<\/p>\n
            304B cannot be compounded and hence proceedings in those<\/p>\n
            provisions cannot be quashed by the High Court in exercise of<\/p>\n
            its power under Section 482 Cr.P.C or in writ jurisdiction on<\/p>\n
            the basis of compromise. However, in some other cases, (like<\/p>\n
            those akin to a civil nature) the proceedings can be quashed by<\/p>\n
            the High Court if the parties have come to an amicable<\/p>\n
            settlement even though the provisions are not compoundable.”<\/p><\/blockquote>\n
            Adverting to the instant case, needless to say, the FIR has been<\/p>\n
registered under Section 306 of IPC. In terms of Manoj Sharma’s case<\/p>\n
(supra), this FIR cannot be quashed on the basis of compromise. At this<\/p>\n
juncture, Mr. Ahluwalia urged with great eloquence that the allegations in<\/p>\n
the FIR do not constitute abetment as defined in Section 107 IPC and that<\/p>\n
being so, even on merits this FIR is liable to be quashed. To drive home<\/p>\n
this point, he has relied upon Sanju alias Sanjay Singh Sengar v. State of<\/p>\n
Madhya Pradesh, 2002 AIR (SC) 1998, Bhagwan Dass v. Kartar Singh<\/p>\n
and others<\/a>, 2007 AIR (SC) 2045, Paramjeet Singh Chawala v. State of<\/p>\n
M.P., 2007 Criminal Law Journal 3343, Ram Naresh and another v.<\/p>\n
State of MP and others, 2002 (3) Recent Criminal Reports (Criminal)<\/p>\n
52, Kartar Singh and others v. Central Bureau of Investigation,<\/a> 2006<\/p>\n
Criminal Law Journal 4099.\n<\/p>\n
            I have given a deep and thoughtful consideration to these
\n Criminal Misc. No. M-31173 of 2008 (O&M)                        -5-\n<\/p>\n
submissions. In the semantics of Section 107 of IPC abetment means that a<\/p>\n
person abets the doing of a thing, if he firstly, instigates any person to do<\/p>\n
that thing; secondly, engages with one or more other person or persons in<\/p>\n
any conspiracy for the doing of that thing, if an act or illegal omission takes<\/p>\n
place in pursuance of that conspiracy, and in order to the doing of that<\/p>\n
thing; or thirdly, intentionally aids, by an act or illegal omission, the doing<\/p>\n
of that thing.\n<\/p>\n
             In a nutshell, the allegations in the FIR are that the deceased<\/p>\n
was upset on account of insult meted out to them by the petitioners apart<\/p>\n
from refusal to make the payment of paddy. To be noticed is as to whether<\/p>\n
these allegations fit in with the above referred ingredients of Section 107 of<\/p>\n
IPC. Firstly, there are no allegations to the effect that the petitioners had<\/p>\n
instigated the deceased to do a particular thing. Secondly, there are no<\/p>\n
allegations in the terms that the petitioners had intentionally aided the<\/p>\n
deceased to commit suicide. The act of offering insult or refusal to pay<\/p>\n
money independently or individually or collectively do not fall within the<\/p>\n
ambit of abetment. The allegations of conspiracy are not there. In re:<\/p>\n
Sanju alias Sanjay Singh Sengar (supra), the quarrel ensued between the<\/p>\n
accused and the husband of his sister. The former told the latter to go and<\/p>\n
die. The latter committed suicide on the third day of quarrel. The Apex<\/p>\n
Court observed that “it cannot be held that the suicide was direct result of<\/p>\n
quarrel. The charge of abetment against the accused was quahsed In re:<\/p>\n
Bhagwan Dass (supra), the wife could not give birth to a child for seven<\/p>\n
years. When she gave birth to a female child, she was taunted for bringing<\/p>\n
bad luck. She committed suicide. The Apex Court ruled that the offence of<\/p>\n
abetment under Section 306 of IPC read with Section 107 of IPC is not
\n Criminal Misc. No. M-31173 of 2008 (O&M)                         -6-\n<\/p>\n
made out. In re: Paramjeet Singh Chawala (supra), the person who had<\/p>\n
granted loan to the borrower had demanded the loan amount from the latter.<\/p>\n
The Supreme Court laid down that the demand of loan amount does not<\/p>\n
itself prove the fact of instigation to deceased borrower for commission of<\/p>\n
suicide. The order framing charge under Section 306 of IPC against the<\/p>\n
accused (loaner) was set aside. In re: Ram Naresh and another (supra),<\/p>\n
the deceased was unable to repay the loan amount. The accused degraded<\/p>\n
the deceased by making persistent demands and threatened him to vacate the<\/p>\n
house. The deceased committed suicide. It was held that the offence of<\/p>\n
abetment was not made out. In re: Kartar Singh and others (supra), the<\/p>\n
deceased committed suicide by hanging herself from ceiling of a room in<\/p>\n
the matrimonial home. There were allegations of cruelty and harassment<\/p>\n
against the petitioners – inlaws. It was held that there was no material<\/p>\n
showing that the petitioners had mens-rea to drive the deceased to commit<\/p>\n
suicide.\n<\/p>\n
             Reverting back to the facts of the current case, the record is<\/p>\n
quite barren to show mens-rea on the petitioner’s part to drive the deceased<\/p>\n
to commit suicide. They were to gain nothing by his death. It is a common<\/p>\n
place experience that the utterances attributed to the petitioners too often are<\/p>\n
made by the borrower to the loaner on vice-versa. The brother of the<\/p>\n
deceased was too with him. But he did not take the same words to his heart.<\/p>\n
There is nothing to reveal that the petitioners instigated, goaded or incited<\/p>\n
the deceased to commit suicide. A word uttered in a fit of anger or emotion<\/p>\n
without intending the consequences to actually follow cannot be said to be<\/p>\n
instigation. Here in this case as alleged, the petitioners- accused turned out<\/p>\n
the deceased as well as his brother from the sheller forcibly and insulted
\n Criminal Misc. No. M-31173 of 2008 (O&M)                        -7-\n<\/p>\n
them by saying that they did not owe anything to them and that they can do<\/p>\n
whatever they can do by approaching anybody of their choice. Ordinarily, a<\/p>\n
normal man in such a situation would not resort to take his own life. If the<\/p>\n
petitioners had offered insult or refused to pay money and had expelled the<\/p>\n
deceased as well as his brother forcibly from their sheller, the latters could<\/p>\n
have taken recourse to law. The commission of suicide was unwarranted in<\/p>\n
such a situation. The stated words would have been uttered in a fit of anger<\/p>\n
or omission, but without intending the consequences to actually follow.<\/p>\n
Consequently, the same do not constitute instigation. It is common<\/p>\n
knowledge that the words uttered in a quarrel or in the spur of the moment<\/p>\n
or in anger cannot be treated as constituting mens-rea. The Courts should<\/p>\n
be extremely careful in assessing the facts and circumstances of each case.<\/p>\n
If it transpires to the Court that a victim committing suicide was<\/p>\n
hypersensitive to ordinary petulance, discord and differences in domestic<\/p>\n
life quite common to the society to which the victim belonged and such<\/p>\n
petulance, discord and difference were not expected to induce a similarly<\/p>\n
circumstanced individual in a given society to commit suicide, the<\/p>\n
conscience of the Court should not be satisfied for basing a finding that the<\/p>\n
accused charged of abetting the offence of suicide should be found guilty.<\/p>\n
(See State of West Bengal v. Orilal Jaiswal,<\/a> 1994(3) Recent Criminal<\/p>\n
Reports (Criminal) 186.) The deceased appeared to be hypersensitive to<\/p>\n
ordinary petulance, discord and differences in ordinary life.<\/p>\n
            In the ultimate analysis, it boils down that the FIR does not<\/p>\n
reveal commission of the offence. In re: Sanapareddy Maheedhar v.<\/p>\n
State of Andhra Pradesh,<\/a> 2008(1) Law Herald (SC) 101, it has been ruled<\/p>\n
that the FIR can be quashed, if the same does not disclose commission of
\n Criminal Misc. No. M-31173 of 2008 (O&M)                      -8-\n<\/p>\n
any offence or that the allegations contained therein do not constitute any<\/p>\n
cognizable offence or that the prosecution is barred by law or the High<\/p>\n
Court is convinced that it is necessary to interfere to prevent abuse of the<\/p>\n
process of the Court. Coming to the present one, if the proceedings are<\/p>\n
allowed to continue, it will amount to abuse of the process of the Court as<\/p>\n
the FIR does not constitute any cognizable offence.\n<\/p>\n
            As a sequel of the above discussion, this petition is accepted<\/p>\n
and the FIR No.246 dated 8.11.2008 registered at Police Station Bhulath<\/p>\n
District Kapurthala under Section 306 of IPC alongwith all subsequent<\/p>\n
proceedings is quashed.\n<\/p>\n<\/p>\n
February 06, 2009                                ( HARBANS LAL )\nrenu                                                  JUDGE\n\nWhether to be referred to the Reporter? Yes\n <\/pre>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court Yash Kumar Arora And Another vs State Of Punjab And Another on 6 February, 2009 Criminal Misc. No. M-31173 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-31173 of 2008 (O&M) Date of Decision:06.02.2009 Yash Kumar Arora and another …..Petitioners Vs. State […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-242994","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nYash Kumar Arora And Another vs State Of Punjab And Another on 6 February, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/yash-kumar-arora-and-another-vs-state-of-punjab-and-another-on-6-february-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Yash Kumar Arora And Another vs State Of Punjab And Another on 6 February, 2009 - 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