"Sheer Abuse Of Process Of Law": Gujarat HC Quashes ‘Abetment To Suicide’ Case Against Lawyer Of Woman Whose Husband Committed Suicide

The Court was hearing applications under Section 482 of the Code of Criminal Procedure, 1973 where the applicants prayed for quashing and setting aside the FIR for the offences under Sections 306, 504 and 114 of the Indian Penal Code and the proceedings arising out of the impugned FIR.

The bench of Justice Divyesh A. Joshi observed, “in order to bring the case within the purview of ‘Abetment’ under Section 107 of the IPC, there has to be an evidence with regard to the instigation, conspiracy or intentional aid on the part of the accused, which in the facts of the present case, is lacking…the impugned FIR is nothing but a sheer abuse of the process of law and if the same is allowed to be continued, in that event, it would be nothing short of abuse of process of law and travesty of justice.”

Advocate Premal S Rachh appeared for the Appellant and Advocate Rajesh P Raval appeared for the Respondent.

Brief Facts-

The brother (deceased) of the Original Complainant was married to Accused No.2 and had two children. After accused no.2 left the matrimonial home and filed for maintenance, the Court ordered to pay some allowance which the deceased struggled to pay and therefore, borrowed money to meet the obligation. It is alleged that the accused demanded Rs. 7L for a settlement and issued threats. As submitted one day the deceased left home to settle the issue but consumed poison at her wife’s parental house due to which he died during treatment in hospital.

To consider whether a case is made out to invoke the powers under Section 482 CrPC the Court relied on the decision of the Supreme Court in State of Haryana Vs. Bhajan Lal, reported in AIR 1992 SC 604 and observed, “The Court while exercising its jurisdiction under Section 482 of the CrPC need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading to the initiation/ registration of the case as well as the materials collected in the course of investigation.”

The Court relied on the Supreme Court decision in Lalitbhai Vikramchand Parekh Vs. State of Gujarat and observed, “it is apparent that in a case under Section 306 of the IPC, there should be correct mens rea to commit the offence under this section and there should be direct and active role by the accused, which led the deceased to commit the suicide, that is to say that there cannot be same evidence of "instigation" or "initial assistance" by the accused to commit suicide by the victim/deceased.”

Accordingly, the Court quashed the FIR.

Cause Title: MINAXIBEN KISHORCHANDRA TRIVEDI v. STATE OF GUJARAT & ANR. (Neutral Citation: 2024:GUJHC:37890)