HC quashes abetment case against woman, kin in husband's suicide
PRAYAGRAJ, April 9 -- Observing that a woman and her relatives cannot be held liable for abetting her husband's suicide merely because they filed cases against him in a matrimonial dispute, the Allahabad high court said that the mere act of lodging cases, even if allegedly false, does not establish the requisite mens rea to constitute an offence under Section 306 (abetment to suicide) of the Indian Penal Code (IPC).
Allowing an application filed by the woman, Megha Khatri, under Section 482 (inherent powers of the high court) of the Code of Criminal Procedure (CrPC), Justice Sameer Jain quashed criminal proceedings against her and her family members, noting that there was nothing on record to show they had any mens rea (guilty mind) to abet the deceased (husband) to die by suicide.
The court also noted that even if the deceased was under distress due to the 'false' cases, it cannot be said that he did not have any other option except to die by suicide.
The woman and her family members filed this petition seeking to quash a charge sheet and pending proceedings against them before the chief judicial magistrate, Saharanpur, in connection with her husband's suicide.
The father of the deceased had lodged an FIR in August 2022, alleging that his son's wife was pressuring him for a share in ancestral property and, upon refusal, she and her relatives harassed him and lodged false cases.
It was further alleged that the deceased had to quit his job and lived in extreme distress due to the pending cases. In July 2022, he died by suicide.
During the investigation, police recovered a purported suicide note stating that the deceased was under severe distress due to alleged harassment by his wife and her family and the cases lodged against him over the past two years.
A charge sheet was filed under Section 306 IPC, and the trial court took cognisance and issued summons. The woman and her family members then moved the high court challenging the case proceedings.
Justice Jain observed that although the deceased was facing cases lodged by his wife and their relationship was strained, prima facie it could not be said that the suicide was a direct consequence of those cases.
Relying on the Supreme Court judgment in Amalendu Pal vs State of West Bengal, the court held that even if the deceased was under distress, it could not be concluded that he had no option but to die by suicide.
In its April 6 judgment, the high court allowed the application and quashed the charge sheet and all pending proceedings against the wife and her family members....
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हमे संपर्क करें.