LexR. SHASHIREKHA versus STATE OF KARNATAKA AND OTHERS
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[2025] 3 S.C.R. 1217 : 2025 INSC 402 R. Shashirekha v. State of Karnataka and Others (Criminal Appeal No. 1539 of 2025) 27 March 2025 [B.R. Gavai* and Augustine George Masih, JJ.] Issue for Consideration Issue arose as regards the order by which High Court allowed the petition of the respondents thereby quashing FIR and further investigation under ss.34, 306, 420, 506 of Penal Code, 1860. Headnotes† Code of Criminal Procedure, 1973 – s.482 – Penal Code, 1860 – ss.306, 420 – Quashing of complaint – Abetment of suicide – Cheating – Victim, respondent nos.2 and 3 partners in a firm, and respondent no.4 was the manager – Victim committed suicide by hanging – After about 39 days, the appellant-wife of the deceased registered a complaint that she found a death note written by the deceased which stated that deceased was cheated by respondent nos.2 and 3, and that the respondent no.4 was directly involved in the case – Case of the appellant that a week before the death of her husband, her husband had received continuous calls from respondent nos.2 and 3, and whenever he received such calls, he used to be completely upset and had decided to commit suicide – Respondents filed a petition u/s.482 before the High Court to quash the FIR – High court allowed the petition holding that ingredients of ss.306 and 420 IPC not made out – Correctness: Held: Nothing could prevent the appellant from reporting the matter to the police immediately after the deceased committed suicide – It is apparent from the material on record that all these allegations were an afterthought – Single Judge of the High Court held there is not a titter of a document that would pin respondents down for any act of abetment for suicide of the husband of the appellant – Even taking the allegations at its face value, it cannot be said that * Author 1218 [2025] 3 S.C.R. Supreme Court Reports the allegations would amount to instigating the deceased to commit suicide – No reasonable nexus between the period to which the allegations pertain and the date of death – High Court did not error in quashing the proceedings u/s.306 – However, the High Court while quashing the proceedings u/s.420 acted in a casual and cursory manner – Least that was expected of the High Court was to give reasons as to why the material collected by the investigating agency was not sufficient to constitute an offence u/s.420 – In absence of any reason, the High Court erred in quashing the proceedings u/s.420 – Impugned judgment, insofar it quashes proceedings u/s.306 is upheld and insofar it quashes proceedings u/s.420, is quashed and set aside. [Paras 12-15, 18, 19, 21] Case Law Cited Prakash and Others v. State of Maharashtra and Another, 2024 INSC 1020 : [2024] 12 SCR 1160 : 2024 SCC OnLine SC 3835 – referred to. List of Acts Penal Code, 1860; Code of Criminal Procedure, 1973. List of Keywords Suicide; Abetment of suicide; Cheating; Death by hanging; Forged signatures on blank cheques; Blackmail; Misuse of money; Quashing of FIR; Instigating deceased to commit suicide; Mini-trial. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 1539 of 2025 From the Judgment and Order dated 03.09.2024 of the High Court of Karnataka at Bengaluru in CRLP No. 5821 of 2024 Appearances for Parties Advs. for the Appellant: Shanthkumar V. Mahale, Sr. Adv., Ms. Adviteeya, Nishant, Madhvendra Singh. Advs. for the Respondents: Dama Sheshadri Naidu, Sr. Adv., D. L. Chidananda, C B Gururaj, Sai Shakti, Animesh Dubey, M/s. Gururaj & Nayak. [2025] 3 S.C.R. 1219 R. Shashirekha v. State of Karnataka And Others Judgment / Order of the Supreme Court Judgment B.R. Gavai, J. 1. Leave granted. 2. The present appeal challenges the final judgment and order dated 3rd September 2024, passed by the learned Single Judge of the High Court of Karnataka at Bengaluru in Criminal Petition No. 5821 of 2024 whereby the High Court allowed the petition filed by the respondent Nos. 2 to 4 thereby quashing the FIR and further investigation in Crime Case No.172 of 2024 pending on the file of XXXII Additional Chief Metropolitan Magistrate, Bengaluru (hereinafter, “trial court”). 3. Shorn of details, the facts leading to the present appeal are as under: 3.1 The husband of the appellant (hereinafter, ‘deceased’) and respondent Nos.2 and 3 were partners of one M/s. Soundarya Constructions, incorporated in 1994. Respondent No.4 was working as a manager in M/s. Soundary
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