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Issues: Whether the criminal proceedings for the offence under Section 306 of the Indian Penal Code were liable to be quashed under Section 482 of the Code of Criminal Procedure on the basis of the suicide note and the absence of material showing abetment.
Analysis: An offence under Section 306 of the Indian Penal Code can arise only where the ingredients of abetment are made out. Abetment, as defined by Section 107 of the Indian Penal Code, requires instigation, conspiracy, intentional aid, or other conduct falling within the statutory explanation. The suicide note merely referred to the appellant's name and did not attribute any act, omission, instigation, intentional aid, or conspiratorial role to him. The materials also did not disclose any factual foundation showing that the appellant was responsible for the deceased's alleged distress or suicide. On the face of the record, the prosecution lacked the basic factual substratum required to continue.
Conclusion: The proceedings did not disclose the offence of abetment of suicide and were liable to be quashed in exercise of inherent power under Section 482 of the Code of Criminal Procedure.