If a person commits suicide saying he was forced to take the step because his creditors were harassing him, then can the police book the creditors for abetment of suicide?
No, says a recent Bombay High Court judgment.
The Nagpur bench of the Bombay High Court has quashed a first information report against two people charged with abetment of suicide (Section 306), holding that creditors demanding money would not amount to abetment.
Housewife Shobha Khandelwal filed a complaint with the City Kotwali police station in Akola, alleging that her husband Manmohan committed suicide on May 12, 2006, after being harassed by creditors. She had named Santosh Goenka (52) and Jitendra Viramani (37) and two others, as those who harassed her husband.
Manmohan in his suicide note had said the accused had demanded money despite him paying 10 times of the amount borrowed. Goenka and Viramani were arrested, chargesheeted and the Akola sessions court framed charges against them.
The duo then moved Bombay High Court seeking quashing of the chargesheet.
“If deceased (Manmohan) says that he had paid substantial amount to the accused and still if he was being harassed then he should have approached police station or court,” Justice R.Y. Ganoo observed.
“Suicide could not be considered as answer to the said persistent demands,” Justice Ganoo added. The court also held that demands made from time to time would not amount to abetment.