Gujarat High Court Quashes Abetment Of Suicide FIR, Says Accused Lodging Land Grab Case Against Deceased Not Enough To Invoke Offence

The Gujarat High Court quashed an FIR against a man accused of abetting complainant's suicide against whom the former had lodged a land grab case, observing merely lodging of land grabbing complaint does not mean that it was intended to compel the deceased to commit suicide as the petitioner was only invoking legal right. [2026 LiveLaw (Guj) 175]

The petitioner had sought quashing of an FIR under Sections 306(abetment of suicide), 506(2) (criminal intimidation) and 120B (criminal conspiracy) IPC over allegations of harassing the deceased by lodging a land grabbing against the latter pursuant to which the deceased allegedly committed suicide. 

The petitioner argued that the allegation that the deceased had. acquired any right, title or interest in the land in question is wholly concocted. It was submitted that the petitioner had lodged proceedings under the provisions of the Land Grabbing Act against the deceased. Pursuant thereto, anticipatory bail preferred by the deceased which was rejected by the Sessions Court and he had also withdrawn proceedings from the high court as well. 

It was thereafter that the deceased committed suicide on 07.05.2021.

Justice PM Raval in his order observed that as per the prosecution the applicant, being the power-of-attorney holder of the original land owner, harassed the deceased by initiating proceedings under the Land Grabbing Act and lodging the FIR against him.

The court noted that even according to the FIR, the deceased "remained under stress on account of the criminal proceedings" initiated against him and because the registration of the FIR had been reported in the media it had allegedly caused social  embarrassment and loss of reputation to the deceased. 

"However, upon a comprehensive consideration of the material placed on record, this Court is unable to conclude that the ingredients necessary to constitute abetment of suicide are satisfied. There is no material indicating any direct or active act on the part of the applicant which left the deceased with no option except to commit suicide. 26. At best, the material indicates that the deceased remained under tension owing to the proceedings initiated against him and the perceived social consequences thereof. Such circumstances, by themselves, do not establish the ingredients of abetment as contemplated under Section 107 of the IPC," the court said. 

The court observed that the material on record rather suggested that the deceased "reacted in a hypersensitive manner" to the situation arising from the criminal proceedings initiated against him. It remarked that the conduct attributed to the petitioner is not such that would ordinarily drive a similarly situated person to commit suicide. 

"There is no material demonstrating a continuous course of conduct, intentional provocation, instigation or active aid on the part of the applicant creating a situation where the deceased was left with no alternative except to end his life. Merely because the applicant exercised his legal remedies by lodging complaints alleging land grabbing and forgery, it cannot be said that such acts were intended to compel the deceased to commit suicide. Exercise of a legal right available under law cannot, by itself, be construed as an act of instigation or abetment," the court emphasized. 

Finding that there was  no material indicating that the petitioner either provoked, incited, instigated or intentionally aided the commission of suicide by the deceased, the court quashed the FIR. 

"In the considered opinion of this Court, continuation of the criminal proceedings against the applicant for the offence punishable under Section 306 of the IPC would amount to an abuse of the process of law. No prima facie case is made out against the applicant warranting his trial for the alleged offence," the court said allowing the plea.

Case title: RAKESHKUMAR RAMANBHAI GOHIL v/s  STATE OF GUJARAT & ANR

R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 23600 of 2022

Click Here To Read/Download Order

Citation: 2026 LiveLaw (Guj) 175