Supreme Court of India
MAHENDRA K CversusTHE STATE OF KARNATAKA & ANR.
- Citation
- 2021 INSC 700
- Decided
- 29 October 2021
- Disposal
- Appeal(s) allowed
- Bench
- D Y CHANDRACHUD
Holding
The Supreme Court held that the High Court erred in quashing the FIR; it must apply the two‑test standard under s.482 and cannot evaluate the truth of the allegations, so the petition for quashing is dismissed.
Summary
The case arose from the suicide of a driver who left a note alleging that his employer, a Special Land Acquisition Officer, had amassed wealth disproportionate to his known income and had threatened the driver, leading to his death. The driver’s brother filed a complaint, resulting in an FIR for abetment of suicide under IPC s.306. The accused successfully obtained a quashing order under CrPC s.482, which stayed the investigation. On appeal, the Supreme Court held that the High Court had overstepped its jurisdiction by testing the veracity of the allegations and by substituting a trial-like assessment, rather than applying the two established tests for quashing: (i) whether the complaint prima facie constitutes an offence, and (ii) whether the allegations are so improbable that a prudent person would not proceed. The Court found that the allegations, taken at face value, did prima facie establish a case of abetment of suicide and that the High Court’s approach was impermissible. Consequently, the petition for quashing was dismissed and the investigation reinstated.
Issues considered
- Whether the High Court correctly exercised its inherent power under CrPC s.482 to quash the FIR.
- Whether the allegations in the complaint and suicide note prima facie constitute an offence of abetment of suicide under IPC s.306.
- Whether a court exercising s.482 jurisdiction may assess the veracity of allegations and evidence at the pre‑investigation stage.
- Whether the two‑test framework for quashing under s.482 was applied correctly.
- Whether considerations of the deceased’s mental health affect the assessment of abetment.
Legislation cited
- Code of Criminal Procedure, 1973s. 482
- Indian Penal Code, 1860s. 107, s. 306
Subjects
Section 482quashing of FIRabatement of suicidemental healthprima facie offencejudicial jurisdictioninvestigationsuicide noteKarnatakaCriminal Procedure CodeIndian Penal Code
Judgment
582 [2021]REPORTS
SUPREME COURT 10 S.C.R. 582 [2021] 10 S.C.R.
A MAHENDRA K C
v.
THE STATE OF KARNATAKA & ANR.
(Criminal Appeal No. 1238 of 2021)
B OCTOBER 29, 2021
[DR. DHANANJAYA Y CHANDRACHUD AND
B. V. NAGARATHNA, JJ.]
Code of Criminal Procedure, 1973: s.482 – Exercise of power
under, scope – Prosecution case was that the victim-deceased, the
C
driver of accused-second respondent committed suicide – In the
suicide note, he had made serious and grave allegations against
the accused second respondent of amassing wealth disproportionate
to the known sources of income and a detailed account of the role
of the accused in the events which led to the deceased committing
D suicide – Second respondent successfully filed s.482 application
for quashing the criminal proceedings – Hence the instant appeal
– Held: High Court while exercising its power under s.482 should
have applied the following two tests: i) whether the allegations made
in the complaint, prima facie constituted an offence; and ii) whether
the allegations were so improbable that a prudent man would not
E
arrive at the conclusion that there was sufficient ground to proceed
with the complaint – Rather, High Court stalled the investigation by
granting an interim order of stay – The alleged suicide was of a
person who was working as a driver of a Special Land Acquisition
Officer against whom serious and grave allegations of amassing
F wealth disproportionate to the known sources of income were made
by the deceased and a detailed account of the role of the accused
in the events which led to the deceased committing suicide – These
were matters of investigation and possibly trial – If the investigation
had been allowed to proceed, there would have been a revelation
of material facts which would have aided in the trial, for the alleged
G
offence against the second respondent – High Court tested the
veracity of the allegations in the criminal complaint and in the suicide
note left behind by the deceased without having the benefit of an
evidentiary record which would be collected during the trial – At
the stage when the High Court considers a petition for quashing
H under s.482, the High Court cannot test the veracity of the
582
MAHENDRA K C v. THE STATE OF KARNATAKA 583
allegations nor for that matter can it proceed in the manner that a A
judge conducting a trial would, on the basis of the evidence collected
during the course of trial – High Court virtually proceeded to hold
a trial, substituting its own perception for what it believed should
or should not have been the normal course of human behavior –
This is clearly impermissible – The entire judgment of the High Court
B
consists of a litany of surmises and conjectures and such an exercise
is beyond the domain of proceeding under s.482 – High Court had
proceeded to scrutinize what has been disclosed during the
investigation, ignoring that the investigation had been stayed by
an interim order of the High Court, during the pendency of the
proceedings under s.482 – Petition for quashing FIR dismissed – C
Penal Code, 1860 – s.306.
Mental Health: The High Court while deciding merits of s.482
Cr.P.C petition has made observations diminishing the importance
of mental health – Mental health of an individual cannot be
compressed to a one size fit all approach. D
Allowing the appeals, the Court
HELD: 1. The Single Judge has failed to notice the
distinction between a petition for quashing under Section 482
(which was being considered) and a criminal trial or an appeal
against a conviction on a charge under Section 306. The Single E
Judge has transgressed the limits of the jurisdiction under Section
482 of the CrPC. The judgment is replete with hypothesis and
surmises on the basis of which the Single Judge has reached an
inference on facts. The Single Judge has tested the veracity of
the allegations in the criminal complaint and in the suicide note F
left behind by the deceased without having the benefit of an
evidentiary record which would be collected during the trial. At
the stage when the High Court considers a petition for quashing
under Section 482 of the CrPC, the test to be applied is whether
the allegations in the complaint as they stand, without adding or
detracting from the complaint, prima facie establish the G
ingredients of the offence alleged. At this stage, the High Court
cannot test the veracity of the allegations nor for that matter can
it proceed in the manner that a judge conducting a trial would, on
the basis of the evidence collected during the course of trial.
H
584 SUPREME COURT REPORTS [2021] 10 S.C.R.
A The High Court in the present case has virtually proceeded to
hold a trial, substituting its own perception for what it believed
should or should not have been the normal course of human
behavior. This is clearly impermissible. [Para 16][595-G-H;
596-A-C]
B 2. The complaint in the present case on the basis of which
the FIR was registered contains a detailed account of: The
knowledge of the deceased in regard to the illegal activities of
the accused; the accused having used the deceased’s bank
account for transfer of funds to his relatives; the deceased having
been threatened by the accused and by his “house car driver”
C with death; and the recovery of the suicide note which was also
uploaded on the Facebook account of the deceased; The suicide
note in turn provides a detailed account of the wealth amassed
by the second respondent-accused who was an SLAO, worth over
Rs.100 crores; the second respondent-accused having converted
D approximately Rs. 100 crores into currency notes of various
denominations; the knowledge of the deceased with respect the
illegal activities of the accused; the accused having used the
deceased for the conversion of currency notes amounting to over
Rs. 75 crores; the payment of the salary of the deceased, who
was a driver having been stopped for three months; a threat of
E murder being administered to the deceased following a shortage
in the currency; and the deceased having decided to end his life
by consuming poison, having suffered at the hands of the accused.
In this backdrop, it is impossible on a judicious purview of the
contents of the complaint and the suicide note for a judicial mind
F to arrive at a conclusion that a case for quashing the FIR had
been established. In arriving at that conclusion, the Single Judge
has transgressed the well settled limitations on the exercise of
the powers under Section 482 CrPC and has encroached into a
territory which is reserved for a criminal trial. [Paras 17, 18]
[596-D-H; 597-A-D]
G
State of Orissa v. Saroj Kumar Sahoo (2005) 13 SCC
540 : [2005] 5 Suppl. SCR 548; State of Haryana v.
Ch. Bhajan Lal 1992 Supp (1) SCC 335 : [1990] 3
Suppl. SCR 259; State of M.P. v. Surendra Kori (2012)
10 SCC 155 : [2012] 8 SCR 858; State of Telangana v.
H Managipet (2019) 19 SCC 87 – relied on.
MAHENDRA K C v. THE STATE OF KARNATAKA 585
3. The High Court while exercising its power under Section A
482 of the CrPC to quash the FIR instituted against the second
respondent-accused should have applied the following two tests:
i) whether the allegations made in the complaint, prima facie
constitute an offence; and ii) whether the allegations are so
improbable that a prudent man would not arrive at the conclusion
B
that there is sufficient ground to proceed with the complaint.
[Para 21][599-G-H; 600-A-B]
Ramesh Kumar v. State of Chhattisgarh (2001) 9 SCC
618 : [2001] 4 Suppl. SCR 247; Chitresh Kumar
Chopra v. State (Govt. of NCT of Delhi) (2009) 16 SCC
605 : [2009] 13 SCR 230; Amalendu Pal @ Jhantu v. C
State of West Bengal (2010) 1 SCC 707 : [2009] 15
SCR 836; Praveen Pradhan v. State of Uttaranchal
(2012) 9 SCC 734 : [2012] 8 SCR 1129; Vaijnath
Kondiba Khandke v. State of Maharashtra (2018) 7
SCC 781; M. Arjunan v. The State (Represented By Its D
Inspector of Police) (2019) 3 SCC 315; Ude Singh v.
State of Haryana (2019) 17 SCC 301 : [2019] 9
SCR 703; Rajesh @ Sarkari v. The State of Haryana
(2020) 15 SCC 359; Gurcharan Singh v. The State of
Punjab (2020) 10 SCC 200; Arnab Manoranjan
Goswami v. State of Maharashtra (2021) 2 SCC 427 – E
relied on.
4. While adjudicating on an application under Section 482
CrPC, the High Court in the present case travelled far away from
the parameters for the exercise of the jurisdiction. Essentially,
the task before the High Court was to determine whether the F
allegations made in the first information report or the complaint,
even if they are taken at their face value and accepted in their
entirety did or did not prima facie constitute an offence or make
out a case against the accused. Instead of applying this settled
principle, the High Court has proceeded to analyze from its own G
perspective the veracity of the allegations. This is not a case
where the High Court has arrived at a conclusion that the
allegations in the FIR or the complaint are so absurd and
inherently improbable on the basis of which no prudent person
H
586 SUPREME COURT REPORTS [2021] 10 S.C.R.
A could ever reach a just conclusion that there is sufficient ground
for proceeding against the accused. Nor is this a case where the
criminal proceeding is manifestly malafide or has been instituted
with an ulterior motive of taking vengeance on the accused. On
the contrary, the specific allegations in the FIR and in the complaint
find due reflection in the suicide note and establish a prima facie
B
case for abetment of suicide within the meaning of Sections 306
and 107 of the IPC. The entire judgment of the High Court
consists of a litany of surmises and conjectures and such an
exercise is beyond the domain of proceeding under section 482
of the CrPC. The High Court has proceeded to scrutinize what
C has been disclosed during the investigation, ignoring that the
investigation had been stayed by an interim order of the High
Court, during the pendency of the proceedings under section
482. [Paras 25, 26][602-F; 603-A-D]
5. The High Court observed that a prima facie case for the
D commission of offence under Section 306 of the IPC is not made
out since: i) the suicide note does not describe the specific threats;
ii) details of the alleged demand of Rs. 8 lacs from the deceased
by the respondent-accused are not set out in the suicide note;
and iii) no material to corroborate the allegations detailed in the
suicide note has been unearthed by the investigating agency. The
E High Court observed that since the deceased took considerable
time to write a twelve page suicide note, “it would have been but
natural for the author to set out the details”. The High Court has
evidently travelled far beyond the limits of its inherent power
under Section 482 CrPC since instead of determining whether
F on a perusal of the complaint, a prima facie case is made out, it
has analysed the sufficiency of the evidence with reference to
the suicide note and has commented upon and made strong
observations on the suicide note itself. Further, the observation
of the High Court that there is no material to corroborate the
allegations made in the suicide note is erroneous since it is not a
G consideration for the High Court while exercising its power under
Section 482 of the CrPC, particularly in view of the fact that the
trial has not begun and the Single Judge had stayed the
investigation in the criminal complaint. [Para 27][603-D-G;
604-H; 605-A]
H
MAHENDRA K C v. THE STATE OF KARNATAKA 587
Case Law Reference A
[2005] 5 Suppl. SCR 548 relied on Para 19
[1990] 3 Suppl. SCR 259 relied on Para 19
[2012] 8 SCR 858 relied on Para 19
(2019) 19 SCC 87 relied on Para 20 B
[2001] 4 Suppl. SCR247 relied on Para 23
[2009] 13 SCR 230 relied on Para 24
[2009] 15 SCR 836 relied on Para 24
C
[2012] 8 SCR 1129 relied on Para 24
(2018) 7 SCC 781 relied on Para 24
(2019) 3 SCC 315 relied on Para 24
[2019] 9 SCR 703 relied on Para 24
D
(2020) 15 SCC 359 relied on Para 24
(2020) 10 SCC 200 relied on Para 24
(2021) 2 SCC 427 relied on Para 24
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
E
No.1238 of 2021.
From the Judgment and Order dated 29.05.2020 of the High Court
of Karnataka at Bengaluru in Criminal Petition No.3515 of 2017
With
Criminal Appeal No.1239 of 2021. F
Mahesh Thakur, Ms. Vipasha Singh, Ms. Shailja Das, Dr. Anthony
Raju, Ajay Kanojia, V. N. Raghupathy, Md. Apzal Ansari, Sharan Thakur,
Sarvesh Singh Baghel, Shantanu Singh, Advs. for the appearing parties.
The Judgment of the Court was delivered by
G
DR. DHANANJAYA Y CHANDRACHUD, J.
1. While exercising the jurisdiction under Section 482 of the Code
of Criminal Procedure 19731, a Single Judge of the High Court of
1
“CrPC” H
588 SUPREME COURT REPORTS [2021] 10 S.C.R.
A Karnataka quashed (i) a complaint dated 6 December 2016; and (ii) the
proceedings initiated pursuant to the complaint. The proceedings which
have been quashed were registered as Crime No.565 of 2016 on 7
December 2016at Police Station Maddur, Mandya District, Karnataka
and pending on the file of the IInd Additional Civil Judge (Junior Division)
and JMFC Maddur. The complainant, at whose behest the First
B
Information Report2 was registered foran offence punishable under
Section 306 read with Section 34 of the Indian Penal Code 18603, and
the State of Karnataka are in appeal against the judgment of the High
Court dated 29 May 2020.The Single Judge was persuaded to quash the
proceedings on the ground that the continuation of the prosecution “would
C [be] a travesty of justice and be a sheer waste of time”, besides requiring
the accused-respondent “to undergo the rigors of a lengthy trial”.
A Facts
2. On 6 December 2016, a complaint was lodged at Maddur Police
Station at 20:00 hours by the appellant who is the brother of the deceased.
D The complaint narrates that the appellant’s brother was working as a
driver for the accused-second respondent. The second respondent is an
officer of the State of Karnataka and is employed in the capacity of a
Special Land Acquisition Officer4. According to the complaint, the
deceased would travel from Bengaluru once in a month to visit the family
E home and meet his family and friends. Among his friends was Shashi
Kumar. It is alleged that on 4 December 2016 the deceased met another
friend, Shiva Kumar at Bengaluru and went to the village. After enquiring
about the welfare of his parents, the deceased shared his anguish with
the complainant and Shiva Kumar that the accused, who is an SLAO,
has amassed disproportionate assets worth over one hundred crores
F and had utilized the mobile and bank account of the deceased to transfer
funds to his relatives in the course of converting “black money into white”.
The complaint narrates that since the deceased was aware of the dealings
of the accused, the accused together with another driver, had been
threatening him with murder.
G 3. On 6 December 2016 at about 1:30pm, Shashi Kumar called
the complainant to inform him that the deceased was staying in a room
in a lodge and was not opening the door. When he attempted to call the
2
“FIR”
3
“IPC”
H 4
“SLAO”
MAHENDRA K C v. THE STATE OF KARNATAKA 589
[DR. DHANANJAYA Y CHANDRACHUD, J.]
deceased on his cell phone, the deceased spoke in a drunken state and it A
was apprehended that he was in some difficulty. The complainant alleged
that he proceeded to the lodge at 3.00 pm and met Shashi Kumar and
found that the room was bolted from inside. The complainant was
informed that on 4 December 2016, the deceased had asked Shashi
Kumar to arrange a room at a lodge, where he stayed with Shashi Kumar.
B
The deceased is alleged to have informed Shashi Kumar that his life
was in danger as the deceased was aware of the illegal activities of the
accused in amassing wealth as a result of which he was being threatened
with murder. The deceased asked Shashi Kumar to leave the room as
the deceased was expecting another friend of his, Suresh, to join him,
with whom he was going to discuss the activities of the accused. On 5 C
December 2016, the deceased called Shashi Kumar to bring him food at
the lodge, which was delivered. The deceased informed Shashi Kumar
that his friend Suresh had not turned up. He also told Shashi Kumar to
return home as one of his other friends would be staying with him.
4. On finding that the deceased was not opening his room on 6 D
December 2016, a ladder was used by the complainant to access the
window of the deceased’s room, with the help of the Manager of the
lodge. The deceased was found to be in “sleeping mode”. The Maddur
Police Station was informed and when the door of his room was opened
at 18:00 hours, the deceased was found to have died. On a teapoy next
to the cot, a bottle of liquor, poison and a suicide note written by the E
deceased were found. The suicide note was uploaded by the deceased
on his Facebook account through his mobile. The complaint narrates
that the suicide note has referred to the illegal activities of the accused
in amassing wealth in excess of Rs. 100 crores, converting black money
into white and transferring funds from the bank account of the deceased F
through his mobile to the accounts of the relatives of the accused. The
complaint alleged that the accused had threatened the deceased with
death and harassed him as a result of which the deceased, having suffered
mental stress, committed suicide by consuming poison.
5. The FIR was registered at 20:00 hours on 6 December 2016.The G
second respondent-accused, an SLAO for Bengaluru City, and another
driver of his car were named as accused. The suicide note recorded by
the deceased allegedly in his own handwriting contains a detailed narration
of the properties alleged to have been illegally acquired by the second
respondent. Besides detailing the properties which were acquired by the
accused in paragraphs 1 to 13, the suicide note refers to: H
590 SUPREME COURT REPORTS [2021] 10 S.C.R.
A (i) The transfer of funds in several lakhs of rupees by the
accused to his relatives by using the cell phone and bank
account of the deceased;
(ii) The conversion of approximately Rs.100crores into currency
notes of Rs.2,000/-, Rs.100/- and Rs.50/-;
B (iii) The knowledge of the deceased in regard to the transactions
of the accused as a result of which he had been threatened
to be killed “by rowdies”;
(iv) A raid conducted against the accused by the establishment
of the Lokayukta of Karnataka while he was posted in the
C Housing Board;
(v) The involvement of judges to whom presents or gifts were
made;
(vi) The payment of salary to the deceased having been stopped
D at the behest of the accused;
(vii) The accused having used the deceased for changing
currency worth over Rs.75 crores; and
(viii) The deceased being in knowledge of “all the information”,
and when a shortage of an amount of Rs.8 lakh was found,
E the deceased had been directed to make good the deficiency,
failing which he was threatened to be killed by rowdies.
6. In this backdrop, the deceased recorded that he had been
threatened by the accused and hence was ending his life by consuming
poison. Both the second respondent and his “house driver” were
F specifically named as responsible for this death.
7. The second respondent-accused was arrested on 11 December
2016. On 12 December 2016, based on a complaint made by BT Suresh,
a friend of the deceased, an FIR was registered against the accused as
Crime No.128/2016 in Ijur Police Station, Ramnagar District, under
G Sections 323, 324, 341, 342, 363, 506, 114 read with Sections 120B and
34 of the IPC.
8. On 18 April 2017, the accused instituted a petition under Section
482 CrPC for quashing the FIR registered as Crime No. 565/2016. A
Single Judge of the High Court of Karnataka stayed investigation and
H proceedings in Crime No.565/2016. After arguments were heard,
MAHENDRA K C v. THE STATE OF KARNATAKA 591
[DR. DHANANJAYA Y CHANDRACHUD, J.]
judgment was reserved on 12 November 2019. Eventually, by his A
judgment delivered nearly 6 months thereafter on 29 May 2020, the
Single Judge allowed the petition and quashed all proceedings relating to
the complaint and FIR registered as Crime No.565/2016.
9. At the outset, it is necessary to elucidate the reasons which
have weighed with the High Court in quashing the FIR. The High Court B
has held that:
(i) The suicide note which consists of 21 numbered paragraphs
gives a detailed account of the transactions undertaken by
the accused;
C
(ii) For a person who has made such a detailed account of
twenty transactions in the suicide note, it can be prudently
expected that the deceased would have furnished details
of the threats administrated to him by the accused;
(iii) In the unnumbered paragraph of the suicide note “the totally D
different story” is set out, stating that the accused threatened
to kill the deceased since there was a shortage of cash to
the tune of Rs 8 lacs for which the accused suspected the
deceased to be responsible;
(iv) The deceased held the accused responsible for withholding E
his salary for three months;
(v) Though a query was put to the Government Pleader and
counsel for the complainant as to whether the investigation
had thrown up any material which corroborated the
allegations set out in the suicide note, the GP submitted that F
“they have not been able to unearth any material to
corroborate any of the allegations”;
(vi) Though the petition was instituted before the High Court
on 18 April 2017, and was pending for over three years, no
corroborative material had been produced before the Court G
by the investigating agency;
(vii) Even assuming that the accused has amassed huge wealth,
that would not constitute a good ground for a person to
commit suicide since it was not the case of the deceased
that the accused had deprived him of his wealth; H
592 SUPREME COURT REPORTS [2021] 10 S.C.R.
A (viii) The suicide note contains no incriminating statement or
material except for a bald and vague statement that the
accused had threatened the deceased;
(ix) The complaint does not disclose details of the alleged threat
nor does it state that the deceased had on multiple occasions
B complained of having received threats from the accused;
(x) The allegation in regard to the demand for repayment of
Rs 8 lacs rings hollow “as neither the prosecution nor the
de facto complainant had placed an iota of material that the
deceased was or had in fact been in possession of huge
C sum of money”;
(xi) No act proximate to the time of death is alleged against the
accused;
(xii) If the allegation of the demand of Rs. 8 lacs was correct, it
would have been natural for the accused to restrain the
D deceased from leaving Bangalore to ensure the recovery
of the alleged sum;
(xiii) The investigation had not thrown up any material regarding
the use of the mobile banking facilities of the deceased for
the transfer of funds;
E (xiv) Neither the death-note nor investigation revealed a threat
call to the deceased;
(xv) The only witness who could have spoken about the veracity
of the suicide note was the deceased;
(xvi) If a threat had been administered to the deceased, he would
F have narrated the incident to the complainant or his friends;
(xvii) Even if a threat was given, the nature of the threat would
have to be examined particularly on the question as to
whether it was of such an alarming proportion so as to drive
a ‘normal person’ to contemplate suicide;
G
(xviii) If the deceased had felt threatened by the accused, this
was belied by his visits to his village to meet his parents and
friends and the failure to lodge a complaint with the police
particularly when the Police Commissionerate was a stone’s
throw away. This casts doubt on the veracity of the suicide
H note;
MAHENDRA K C v. THE STATE OF KARNATAKA 593
[DR. DHANANJAYA Y CHANDRACHUD, J.]
(xix) Since the deceased had consumed alcohol, it is possible A
that in the grip of intoxicants he had failed to act sanely;
(xx) The conduct of the deceased in attending a marriage in a
different town is indicative of the actions of a normal person;
and
(xxi) How the deceased had sourced the poison was unknown. B
10. The judgment of the Single Judge has given rise to two special
leave petitions under Article 136 of the Constitution: one by the
complainant and the second by the State of Karnataka.
B Submission of parties C
11. Mr Mahesh Thakur, has appeared for the complainant in support
of his appeal. In the appeal filed by the State of Karnataka, Mr V.N.
Raghupathy has appeared and made submissions. The respondent-
accused has been represented in the course of his submissions by Mr
Sharan Thakur. D
12. Mr Mahesh Thakur, learned counsel appearing on behalf of
the complainant urged the following submissions:
(i) The matter being at the stage of investigation and the second
respondent having been enlarged on bail, the Single Judge
has manifestly erred in quashing the FIR as a result of which E
the entire investigation has been scuttled midstream;
(ii) The High Court has completely failed to notice the
seriousness and gravity of the allegations made against the
accused;
(iii) The precedents of this Court indicate that in exercising its F
jurisdiction under Section 482 CrPC, the High Court does
not function as a court of appeal or revision and the
jurisdiction has to be exercised with care and
circumspection;
(iv) The allegations in the FIR and the contents of the complaint, G
if taken on their face and accepted in their entirety, clearly
indicate the commission of an offence punishable under
Section 306 of the IPC by the accused, in which event it
was improper for the High Court to quash the proceedings;
H
594 SUPREME COURT REPORTS [2021] 10 S.C.R.
A (v) Besides the suicide note, the deceased had informed both
the complainant and other witnesses of the harassment
which he had suffered at the hands of the second
respondent-accused who had a position of influence as an
SLAO and with whom the deceased worked as a driver;
B (vi) The nature of the threats and whether the deceased had
received calls was a matter for investigation;
(vii) The suicide note contains a detailed account of the illegal
activities of the second respondent-accused in amassing
disproportionate wealth and the manner in which the
C deceased had been utilized for transfer of funds; and
(viii) The High Court has despite the specific allegations in the
suicide note and in the complaint enquired into the veracity
of the allegations, thereby conducting a trial at the stage of
considering a petition for quashing a criminal complaint.
D 13. Mr V.N. Raghupathy learned counsel appearing on behalf of
the State of Karnataka has urged similar submissions. It has been
submitted that:
(i) The suicide note which was recovered under a mahazar by
the jurisdictional police had also been uploaded by the
E deceased from his Facebook account;
(ii) The suicide note was submitted to the Forensic Science
Laboratory for analysis but the High Court stayed the
investigation while entertaining the proceedings under
Section 482 CrPC and scuttled the investigation;
F (iii) The allegations in the complaint and the suicide note contain
a clear and detailed account of the harassment caused to
the deceased at the behest of the second respondent-
accused which on its face establishes a case of abetment
of suicide; and
G (iv) Another complaint filed by a friend of the deceased which
was registered at Ijur Police Station in Ram Nagar District
(Crime No.128/2016) corroborates the averments made in
Crime No.565/2016 of Maddur Police Station.
14. On the other hand, Mr Sharan Thakur, learned counsel
H appearing on behalf of the second respondent – accused submitted that:
MAHENDRA K C v. THE STATE OF KARNATAKA 595
[DR. DHANANJAYA Y CHANDRACHUD, J.]
(i) Abetment postulates an instigation and in the context of A
Section 306, the instigation must be to an extent where there
is no option but to commit suicide;
(ii) The allegations in the complaint and in the suicide note fall
short of the ingredients to establish a case of abetment and
hence the essential requirements of the offence under B
Section 306 have not been established;
(iii) The Single judge of the High Court had furnished reasons
for indicating that the allegations contained in the suicide
note are inherently improbable;
(iv) The version of the complainant is full of contradictions and C
inconsistencies;
(v) The suicide note fails to mention any overt act by the
accused which would have driven the deceased to commit
suicide. During the period between 11 December 2016,
when the accused was taken into custody and 29 December D
2016, when he was enlarged on bail by the Sessions Court
at Mandya, extensive enquiries and investigation were
carried out by the investigating agency including the State
Police and ACP Karnataka, in spite of which no incriminating
evidence has been found; and E
(vi) It is a well settled principle of law that in cases involving
abetment of suicide there must be a number of direct or
indirect acts of incitement to the commission of suicide. In
other words, a mere allegation of harassment would not
suffice unless the action on the part of the accused compels F
the person to commit suicide.
15. The rival submissions now fall for analysis.
C Analysis
16. On reading the judgment of the Single Judge, it would appear
that the Single Judge has failed to notice the distinction between a petition G
for quashing under Section 482 (which was being considered) and a
criminal trial or an appeal against a conviction on a charge under Section
306. The Single Judge has transgressed the limits of the jurisdiction under
Section 482 of the CrPC. The judgment is replete with hypothesis and
surmises on the basis of which the Single Judge has reached an inference H
596 SUPREME COURT REPORTS [2021] 10 S.C.R.
A on facts. The Single Judge has tested the veracity of the allegations in
the criminal complaint and in the suicide note left behind by the deceased
without having the benefit of an evidentiary record which would be
collected during the trial. At the stage when the High Court considers a
petition for quashing under Section 482 of the CrPC, the test to be applied
is whether the allegations in the complaint as they stand, without adding
B
or detracting from the complaint, prima facie establish the ingredients
of the offence alleged. At this stage, the High Court cannot test the
veracity of the allegations nor for that matter can it proceed in the manner
that a judge conducting a trial would, on the basis of the evidence collected
during the course of trial. The High Court in the present case has virtually
C proceeded to hold a trial, substituting its own perception for what it
believed should or should not have been the normal course of human
behavior. This is clearly impermissible.
17. The complaint in the present case on the basis of which the
FIR was registered contains a detailed account of:
D (i) The knowledge of the deceased in regard to the illegal
activities of the accused;
(ii) The accused having used the deceased’s bank account for
transfer of funds to his relatives;
(iii) The deceased having been threatened by the accused and
E by his “house car driver” with death; and
(iv) The recovery of the suicide note which was also uploaded
on the Facebook account of the deceased;
The suicide note in turn provides a detailed account of
F (a) The wealth amassed by the second respondent-
accused who was an SLAO, worth over Rs.100
crores;
(b) The second respondent-accused having converted
approximately Rs. 100 crores into currency notes of
various denominations;
G
(c) The knowledge of the deceased with respect the
illegal activities of the accused;
(d) The accused having used the deceased for the
conversion of currency notes amounting to over Rs.
75 crores;
H
MAHENDRA K C v. THE STATE OF KARNATAKA 597
[DR. DHANANJAYA Y CHANDRACHUD, J.]
(e) The payment of the salary of the deceased, who was A
a driver having been stopped for three months;
(f) A threat of murder being administered to the deceased
following a shortage in the currency; and
(g) The deceased having decided to end his life by
consuming poison, having suffered at the hands of B
the accused.
18. In this backdrop, it is impossible on a judicious purview of the
contents of the complaint and the suicide note for a judicial mind to
arrive at a conclusion that a case for quashing the FIR had been
established. In arriving at that conclusion, the Single Judge has C
transgressed the well settled limitations on the exercise of the powers
under Section 482 CrPC and has encroached into a territory which is
reserved for a criminal trial.
19. The High Court has the power under Section 482 to issue
such orders as are necessary to prevent the abuse of legal process or D
otherwise, to secure the ends of justice. The law on the exercise of
power under Section 482 to quash an FIR is well settled. In State of
Orissa v. Saroj Kumar Sahoo5, a two judge Bench of this Court,
observed that:
“8. […] While exercising powers under the section, the court E
does not function as a court of appeal or revision. Inherent
jurisdiction under the section though wide has to be exercised
sparingly, carefully and with caution and only when such exercise
is justified by the tests specifically laid down in the section itself.
It is to be exercised ex debito justitiae to do real and substantial F
justice for the administration of which alone courts exist. Authority
of the court exists for advancement of justice and if any attempt
is made to abuse that authority so as to produce injustice, the
court has power to prevent abuse. It would be an abuse of process
of the court to allow any action which would result in injustice and
prevent promotion of justice. In exercise of the powers court would G
be justified to quash any proceeding if it finds that initiation/
continuance of it amounts to abuse of the process of court or
quashing of these proceedings would otherwise serve the ends of
justice. When no offence is disclosed by the report, the court may
5
(2005) 13 SCC 540 H
598 SUPREME COURT REPORTS [2021] 10 S.C.R.
A examine the question of fact. When a report is sought to be quashed,
it is permissible to look into the materials to assess what the report
has alleged and whether any offence is made out even if the
allegations are accepted in toto.”
These principles emanate from the decisions of this Court in State
B of Haryana v. Ch. Bhajan Lal6 and State of M.P. v. Surendra Kori7.
In Surendra Kori (supra), this Court observed:
“14. The High Court in exercise of its powers under Section
482 CrPC does not function as a Court of Appeal or Revision.
This Court has, in several judgments, held that the inherent
C jurisdiction under Section 482 CrPC, though wide, has to be used
sparingly, carefully and with caution. The High Court, under Section
482 CrPC, should normally refrain from giving a prima facie
decision in a case where the entire facts are incomplete and hazy,
more so when the evidence has not been collected and produced
before the Court and the issues involved, whether factual or legal,
D are of wide magnitude and cannot be seen in their true perspective
without sufficient material.”
20. In Bhajan Lal (supra), this Court laid down the principles for
the exercise of the jurisdiction by the High Court in exercise of its powers
under Section 482 of the CrPC to quash an FIR. Justice Ratnavel Pandian
E laid down the limits on the exercise of the power under Section 482
CrPC for quashing the FIR and observed:
“102. In the backdrop of the interpretation of the various relevant
provisions of the Code under Chapter XIV and of the principles
of law enunciated by this Court in a series of decisions relating to
F the exercise of the extraordinary power under Article 226 or the
inherent powers under Section 482 of the Code which we have
extracted and reproduced above, we give the following categories
of cases by way of illustration wherein such power could be
exercised either to prevent abuse of the process of any court or
otherwise to secure the ends of justice, though it may not be possible
G to lay down any precise, clearly defined and sufficiently
channelised and inflexible guidelines or rigid formulae and to give
an exhaustive list of myriad kinds of cases wherein such power
should be exercised.
6
1992 Supp (1) SCC 335
H 7
(2012) 10 SCC 155
MAHENDRA K C v. THE STATE OF KARNATAKA 599
[DR. DHANANJAYA Y CHANDRACHUD, J.]
(1) Where the allegations made in the first information report or A
the complaint, even if they are taken at their face value and
accepted in their entirety do not prima facie constitute any offence
or make out a case against the accused.
(2) Where the allegations in the first information report and other
materials, if any, accompanying the FIR do not disclose a cognizable B
offence, justifying an investigation by police officers under Section
156(1) of the Code except under an order of a Magistrate within
the purview of Section 155(2) of the Code.
(3) Where the uncontroverted allegations made in the FIR or
complaint and the evidence collected in support of the same do C
not disclose the commission of any offence and make out a case
against the accused.
(4) Where, the allegations in the FIR do not constitute a cognizable
offence but constitute only a non-cognizable offence, no
investigation is permitted by a police officer without an order of a
D
Magistrate as contemplated under Section 155(2) of the Code.
(5) Where the allegations made in the FIR or complaint are so
absurd and inherently improbable on the basis of which no prudent
person can ever reach a just conclusion that there is sufficient
ground for proceeding against the accused.
E
(6) Where there is an express legal bar engrafted in any of the
provisions of the Code or the concerned Act (under which a
criminal proceeding is instituted) to the institution and continuance
of the proceedings and/or where there is a specific provision in
the Code or the concerned Act, providing efficacious redress for
the grievance of the aggrieved party. F
(7) Where a criminal proceeding is manifestly attended with mala
fide and/or where the proceeding is maliciously instituted with an
ulterior motive for wreaking vengeance on the accused and with
a view to spite him due to private and personal grudge.”
The judgment in Bhajan Lal (supra) has been recently relied on G
by this Court in State of Telangana v. Managipet8.
21. Based on the above precedent, the High Court while exercising
its power under Section 482 of the CrPC to quash the FIR instituted
8
(2019) 19 SCC 87 H
600 SUPREME COURT REPORTS [2021] 10 S.C.R.
A against the second respondent-accused should have applied the following
two tests: i) whether the allegations made in the complaint, prima facie
constitute an offence; and ii) whether the allegations are so improbable
that a prudent man would not arrive at the conclusion that there is sufficient
ground to proceed with the complaint. Before proceeding further, it is
imperative to briefly discuss the law on the abetment of suicide to
B
determine if a prima facie case under Section 306 of the IPC has been
made against the respondent-accused.
22. Section 306 of the IPC provides for punishment of the abetment
of suicide:
“306. Abetment of suicide—If any person commits suicide,
C
whoever abets the commission of such suicide, shall be punished
with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.”
Section107 of the IPC defines the expression “abetment”:
D “107. Abetment of a thing- A person abets the doing of a thing,
who—
First.—Instigates any person to do that thing; or
Secondly.—Engages with one or more other person or persons in
any conspiracy for the doing of that thing, if an act or illegal omission
E lakes place in pursuance of that conspiracy, and in order to the
doing of that thing; or
Thirdly.—Intentionally aids, by any act or illegal omission, the doing
of that thing.
Explanation 1.—A person who by willful misrepresentation, or by
F willful concealment of a material fact which he is bound to disclose,
voluntarily causes or procures, or attempts to cause or procure, a
thing to be done, is said to instigate the doing of that thing.”
23. The essence of abetment lies in instigating a person to do a
thing or the intentional doing of that thing by an act or illegal omission. In
G Ramesh Kumar v. State of Chhattisgarh9, a three-judge Bench of
this Court, speaking through Justice RC Lahoti (as the learned Chief
Justice then was), observed:
“20. Instigation is to goad, urge forward, provoke, incite or
encourage to do “an act”. To satisfy the requirement of instigation
9
H (2001) 9 SCC 618
MAHENDRA K C v. THE STATE OF KARNATAKA 601
[DR. DHANANJAYA Y CHANDRACHUD, J.]
though it is not necessary that actual words must be used to that A
effect or what constitutes instigation must necessarily and
specifically be suggestive of the consequence. Yet a reasonable
certainty to incite the consequence must be capable of being spelt
out. The present one is not a case where the accused had by his
acts or omission or by a continued course of conduct created
B
such circumstances that the deceased was left with no other option
except to commit suicide in which case an instigation may have
been inferred. A word uttered in the fit of anger or emotion without
intending the consequences to actually follow cannot be said to
be instigation.”
24. A two judge Bench of this Court in Chitresh Kumar Chopra C
v. State (Govt. of NCT of Delhi10), speaking through Justice DK Jain,
observed:
“19. As observed in Ramesh Kumar [(2001) 9 SCC 618 : 2002
SCC (Cri) 1088] , where the accused by his acts or by a continued
course of conduct creates such circumstances that the deceased D
was left with no other option except to commit suicide, an
“instigation” may be inferred. In other words, in order to prove
that the accused abetted commission of suicide by a person, it has
to be established that:
(i) the accused kept on irritating or annoying the deceased by E
words, deeds or wilful omission or conduct which may even be a
wilful silence until the deceased reacted or pushed or forced the
deceased by his deeds, words or wilful omission or conduct to
make the deceased move forward more quickly in a forward
direction; and
F
(ii) that the accused had the intention to provoke, urge or encourage
the deceased to commit suicide while acting in the manner noted
above. Undoubtedly, presence of mens rea is the necessary
concomitant of instigation.
20. In the background of this legal position, we may advert to the
case at hand. The question as to what is the cause of a suicide G
has no easy answers because suicidal ideation and behaviours in
human beings are complex and multifaceted. Different individuals
in the same situation react and behave differently because of the
personal meaning they add to each event, thus accounting for
10
(2009) 16 SCC 605 H
602 SUPREME COURT REPORTS [2021] 10 S.C.R.
A individual vulnerability to suicide. Each individual’s suicidability
pattern depends on his inner subjective experience of mental pain,
fear and loss of self-respect. Each of these factors are crucial
and exacerbating contributor to an individual’s vulnerability to end
his own life, which may either be an attempt for self-protection
or an escapism from intolerable self.”
B
This has been reiterated in the decision in Amalendu Pal @
Jhantu v. State of West Bengal11, where it has been observed:
“12. […] It is also to be borne in mind that in cases of alleged
abetment of suicide there must be proof of direct or indirect acts
C of incitement to the commission of suicide. Merely on the allegation
of harassment without there being any positive action proximate
to the time of occurrence on the part of the accused which led or
compelled the person to commit suicide, conviction in terms of
Section 306 IPC is not sustainable.”
D (See also in this context the judgments in Praveen Pradhan v.
State of Uttaranchal12, Vaijnath Kondiba Khandke v. State of
Maharashtra13, M. Arjunan v. The State (Represented By Its
Inspector of Police)14, Ude Singh v. State of Haryana15, Rajesh @
Sarkari v. The State of Haryana16 and Gurcharan Singh v. The State
of Punjab17.These decisions have been recently referred to in the
E judgment of this Court in Arnab Manoranjan Goswami v. State of
Maharashtra18).
25. While adjudicating on an application under Section 482 CrPC,
the High Court in the present case travelled far away from the parameters
for the exercise of the jurisdiction. Essentially, the task before the High
F Court was to determine whether the allegations made in the first
information report or the complaint, even if they are taken at their face
value and accepted in their entirety did or did not prima facie constitute
an offence or make out a case against the accused.
11
G (2010) 1 SCC 707
12
(2012) 9 SCC 734
13
(2018) 7 SCC 781
14
(2019) 3 SCC 315
15
(2019) 17 SCC 301
16
(2020) 15 SCC 359
17
(2020) 10 SCC 200
18
H (2021) 2 SCC 427
MAHENDRA K C v. THE STATE OF KARNATAKA 603
[DR. DHANANJAYA Y CHANDRACHUD, J.]
26. Instead of applying this settled principle, the High Court has A
proceeded to analyze from its own perspective the veracity of the
allegations. It must be emphasized that this is not a case where the High
Court has arrived at a conclusion that the allegations in the FIR or the
complaint are so absurd and inherently improbable on the basis of which
no prudent person could ever reach a just conclusion that there is sufficient
B
ground for proceeding against the accused. Nor is this a case where the
criminal proceeding is manifestly malafide or has been instituted with
an ulterior motive of taking vengeance on the accused. On the contrary,
the specific allegations in the FIR and in the complaint find due reflection
in the suicide note and establish a prima facie case for abetment of
suicide within the meaning of Sections 306 and 107 of the IPC. The C
entire judgment of the High Court consists of a litany of surmises and
conjectures and such an exercise is beyond the domain of proceeding
under section 482 of the CrPC. The High Court has proceeded to
scrutinize what has been disclosed during the investigation, ignoring that
the investigation had been stayed by an interim order of the High Court,
D
during the pendency of the proceedings under section 482.
27. The High Court observed that a prima facie case for the
commission of offence under Section 306 of the IPC is not made out
since: i) the suicide note does not describe the specific threats; ii) details
of the alleged demand of Rs. 8 lacs from the deceased by the respondent-
accused are not set out in the suicide note; and iii) no material to E
corroborate the allegations detailed in the suicide note has been unearthed
by the investigating agency. The High Court observed that since the
deceased took considerable time to write a twelve page suicide note, “it
would have been but natural for the author to set out the details”. The
High Court has evidently travelled far beyond the limits of its inherent F
power under Section 482 CrPC since instead of determining whether on
a perusal of the complaint, a prima facie case is made out, it has analysed
the sufficiency of the evidence with reference to the suicide note and
has commented upon and made strong observations on the suicide note
itself. Paras 32, 33, 34 and 39 of the order of the High Court are extracted
below: G
“32. In paragraph no.21, a bald statement is made stating that
because he is aware of all the above transaction, he was given a
death threat. In the next sentence, he states that he has been
psychologically/emotionally trouble and hence, he is consuming
H
604 SUPREME COURT REPORTS [2021] 10 S.C.R.
A poison and that the petitioner and his driver alone are responsible.
For a person, who has detailed 20 transactions, it can be prudently
expected of such a person to give details of the threat.
33. In the next unnumbered paragraph, a totally different story/
note is set out as a reason for the petitioner threatening the
B deceased. In the unnumbered paragraph, he states that there was
shortage in the cash to the tune of Rs.8 lakhs and that the petitioner
suspected him as being responsible for the same and hence,
threatened him that if the deceased did not repay said Rs.8 lakhs,
he would have the deceased killed at the hands of rowdies.
Thereafter, in the next sentence he states that in view of the same,
C he has decided to consume poison and that the petitioner and his
driver are responsible for the same.
34. In paragraph no.20, the deceased holds the petitioner
responsible for withholding the salary for the last three months.
The other paragraphs including paragraph no.20 detail the
D properties said to have been amassed by the petitioner and other
illegal transactions. After having perused and scrutinized the death
note, a query was put to the learned High Court Government
Pleader and the counsel appearing on behalf of 2nd respondent
as to whether the investigation has thrown up any material that
E corroborates any of the allegations set-out in the death note. The
learned High Court Government Pleader would fairly submit that
they have not been able unearth any material to corroborate any
of the allegations.
39. As discussed above, the death note contains no incriminating
F statement or material except for a bald and vague statement but
that the accused had threatened him. Even the complaint does
not disclose any details of the alleged threat nor does the complaint
state that the deceased had on multiple occasions complained of
having received threats from accused. Even the allegation of the
demand for repayment of Rs.8 lakhs rings hollow as neither the
G prosecution nor the de-facto complainant have been able to place
an iota of material that the deceased was or had in fact been in
possession of huge sum of money.”
Further, the observation of the High Court that there is no material
to corroborate the allegations made in the suicide note is erroneous since
H it is not a consideration for the High Court while exercising its power
MAHENDRA K C v. THE STATE OF KARNATAKA 605
[DR. DHANANJAYA Y CHANDRACHUD, J.]
under Section 482 of the CrPC, particularly in view of the fact that the A
trial has not begun and the Single Judge had stayed the investigation in
the criminal complaint.
28. The Single Judge, other than deciding on the merits of the
case while exercising the power under Section 482 of the CrPC, has
also made observations diminishing the importance of mental health. B
The mental health of a person cannot be compressed into a one size fits
all approach. In paragraph 37 of the impugned judgment, the Single Judge
observed:
“37. It is not the case of the deceased that the accused had deprived
him of his wealth or have committed acts that have shattered his C
hopes in life or separated him from his family and friends.”
The Single Judge then makes the following observation in
paragraphs 41 and 43:
“41. [..] It is not the case of the prosecution that the deceased
was running away from or escaping the petitioner or his henchmen, D
but as is his habit, to visit his parents and to spend time with his
friends. If the deceased had really felt threatened, he would have
definitely approached the police. It is not that he was naive or not
worldly-wise. If his employment with the petitioner was true, then
the Police Commissionerate was only a stone’s throw away. It is E
not that the deceased was a weakling. The deceased by profession,
is a driver. A profession where, accidents causing loss of life and
limb are a daily occurrence and every driver is aware that he
could be involved in an accident at any time.
43. His act of attending a relatives marriage in a different town F
and his interacting with friends and relatives are all actions of a
normal person and not of a person under severe duress. The
contention that this criminal case would jeopardize his career
progression also cannot be brushed aside. It is also not forthcoming
as to how he sourced the poison.”
G
29. The Single Judge has termed a person who decided to commit
suicide a ‘weakling’ and has also made observations on how the behavior
of the deceased before he committed suicide was not that of a person
who is depressed and suffering from mental health issues. Behavioural
scientists have initiated the discourse on the heterogeneity of every
individual and have challenged the traditional notion of ‘all humans behave H
606 SUPREME COURT REPORTS [2021] 10 S.C.R.
A alike’. Individual personality differences manifest as a variation in the
behavior of people. Therefore, how an individual copes up with a threat-
both physical and emotional, expressing (or refraining to express) love,
loss, sorrow and happiness, varies greatly in view of the multi-faceted
nature of the human mind and emotions. Thus, the observations describing
the manner in which a depressed person ought to have behaved deeply
B
diminishes the gravity of mental health issues.
30. The High Court by its order has prevented the completion of
the investigation in the complaint registered as Crime No.565/2016 pending
on the file of the IInd Additional Civil Judge (Junior Division) and JMFC
Court, Maddur, Mandya District. The alleged suicide is of a person who
C was working as a driver of a Special Land Acquisition Officer, who is a
public servant and against whom serious and grave allegations of amassing
wealth disproportionate to the known sources of income were made by
the deceased. The suicide note contains a detailed account of the role of
the accused in the events which led to the deceased committing suicide.
D These are matters of investigation and possibly trial. The High Court
stalled the investigation by granting an interim order of stay. If the
investigation had been allowed to proceed, there would have been a
revelation of material facts which would aid in the trial, for the alleged
offence against the second respondent.
E 31. For the above reasons, we allow the appeals and set aside the
impugned judgment and order of the Single Judge of the High Court of
Karnataka dated 29 May 2020.In the circumstances, the petition for
quashing the FIR instituted by the respondent-accused shall stand
dismissed.
F 32. Pending application(s), if any, stand disposed of.
Devika Gujral Appeals allowed.
G
H
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