Accused Must Come Out Clean In A Full Blown Trial: Karnataka HC Dismisses Plea Of Husband Accused Of Abetting Wife's Suicide
|The Karnataka High Court dismissed a petition filed by a husband accused of abetting suicide of his wife.
The Court remarked that the gravity of allegations under Sections 498A and 306 of the Indian Penal Code (IPC) get so much blown that the accused must come out clean in a full-blown trial.
A Single Bench of Justice M. Nagaprasanna observed, “The wife has committed suicide. Therefore, the gravity of the allegations both under Sections 498A and 306 of the IPC get so much blown that the petitioner should come out clean in a full blown trial. Finding no merit in any of the submissions made by the learned senior counsel for the petitioner, there is no warrant of interference with the pending proceedings before the concerned Court.”
Senior Advocate Sandesh J. Chouta appeared for the petitioner while HCGP P. Thejesh and Advocate J. Deepa appeared for the respondents.
In this case, the petitioner (accused) got married to the victim, the complainant’s daughter in 2021. However, it was alleged that the relationship between the two turned completely sore and on several grievances, the victim committed suicide by hanging herself in 2023. The complainant (victim’s father) registered a complaint against the husband, mother-in-law, and father-in-law of the deceased for having abetted the suicide of the victim on demand of dowry.
While filing the chargesheet, the petitioner’s parents were dropped as nothing was found against them and hence, the same was filed only against the petitioner. The Sessions Court directed the matter to be posted for framing of charges and hence, the petitioner approached the High Court against the proceedings.
The High Court in view of the facts and circumstances of the case noted, “The Apex Court holds that in cases concerning abetment to suicide particularly of the person suffering from mental health issues should not be analyzed and assessed by the High Court in exercise of its jurisdiction under Section 482 of the CrPC. A learned Judge of this Court had held that a victim was on a weekly and was suffering from depression and mental health issues. This description of this Court to quash the proceedings did not auger well with the Apex Court. It sets aside the order passed by this Court and permitted investigation to be carried out. It is these two judgments of the Apex Court that would become applicable to the facts of the case at hand.”
The Court said that there is no warrant of interference insofar as the offence under Section 306 of the IPC is concerned. It added that whether the offence is for demand of dowry or otherwise is a matter that has to be tried while trying the same under Section 306 of the IPC.
“The reasons so rendered supra to affirm the offence of Section 306 of the IPC would become applicable to the offence under Section 498A of the IPC as well, as the allegation is cruelty meted out against the wife by the husband. … In the case of ACHIN GUPTA supra there was only a bald allegation of torture, abuse and beating after consumption of alcohol. The Apex Court holds that they were unsubstantiated, vague and bald allegations”, it further elucidated.
The Court also said that if allegations had remained allegations in this case, the Court would have come to the aid of the petitioner following the judgment of the Apex Court in the case of Achin Gupta v. State of Haryana (2024) but the same have not remained as allegations.
Accordingly, the High Court rejected the petition and refused to quash the proceedings against the accused.
Cause Title- Mayukh Mukherjee v. The State of Karnataka & Anr.
Appearance:
Petitioner: Senior Advocate Sandesh J. Chouta and Advocate Pratheep K.C.
Respondents: HCGP Thejesh P. and Advocate Deepa J.