U’khand HC quashes FIR against Gupta brother, kin named in high-profile builder suicide case

Dehradun: Uttarakhand high court (HC) has ordered the quashing of the FIR registered against Ajay Kumar Gupta, (one of the three South Africa-returned Gupta brothers) and his brother-in-law Anil Kumar Gupta in connection with the suicide of prominent Dehradun-based builder Satinder Singh Sawhney.Sawhney had named the two in a suicide note before allegedly ending his life by jumping from the terrace of the seven-storey apartment complex, where his daughter lived, in May 2024. In the note, he alleged that the brothers had put pressure on him to hand over two residential projects worth more than Rs 1,000 crore that he was developing. Police said Sawhney had entered into a partnership with the Guptas for the projects on the condition that they would not interfere in his operations. However, his family alleged that the brothers later began harassing him to transfer the projects to their names and also got a case registered against him in Saharanpur on charges of fraud and blackmail. Following his death, the Guptas were charged under IPC sections 306 (abetment of suicide), 385 (extortion), 420 (cheating), and 120-B (criminal conspiracy) based on a complaint filed by Sawhney's son.Police filed the final report in the case in Nov last year, stating that investigators found insufficient evidence to support the allegations and recommended closure of the case. The investigating officer placed on record that the suicide note had been sent for forensic examination, but the forensic science laboratory (FSL) could not reach a conclusive opinion on its authorship due to anomalies. Efforts to obtain comparative handwriting samples from Sawhney's son also did not materialise.Counsel for the Guptas argued that allegations of harassment, financial disputes, or personal conflict, even if accepted at face value, do not amount to incitement. He said the FIR and the material collected during the investigation "did not disclose any direct or active role by the applicants that could have driven the deceased to suicide".Opposing the plea, the govt counsel argued that the FIR contained serious allegations warranting a full judicial examination. He contended that the FSL's inability to give a definitive opinion did not render the suicide note irrelevant, and that its evidentiary value should be assessed during trial.The high court noted that it had, on more than one occasion, sought clarification from the investigating officer on the forensic findings, and was informed that no definitive forensic linkage between the handwriting in the suicide note and that of the deceased could be established.Quashing the FIR on Monday, the single bench of Justice Ashish Naithani held that the allegations, material on record, and circumstances did not, even prima facie, disclose offences under IPC sections 306, 385, 420, or 120-B. The court observed, "Continuing the criminal proceedings would be an abuse of the process of law," adding that "mere allegations of harassment, discord, or strained relations, without something more, cannot constitute abetment to suicide."