Madhya Pradesh HC Quashes Criminal Case Against Wife Whose Husband Committed Suicide After She Filed Complaint U/S 498A IPC
|Wife Filing Complaint U/S 498A IPC Cannot
The Madhya Pradesh High Court observed that a hypersensitive person deciding to end life cannot be said to be an outcome of abetment under Section 306 of the IPC.
The Jabalpur Bench quashed an FIR for the offence of abetment of suicide filed against a widow and her parents for the death of her husband. The Court explained that a wife lodging an FIR against her husband cannot be said to have abetted his suicide.
A Single Bench of Justice Gurpal Singh Ahluwalia observed, “If a married woman makes a complaint to the Police with regard to commission of an offence under Section 498-A, 406, 294, 506, 34 of IPC and under Section 3/4 of Dowry Prohibition Act and if the Police after recording statements files the charge sheet for the said offence, then by no stretch of imagination it can be said that the married woman, who had lodged the report against her in-laws, had in any manner abetted the deceased to commit suicide.”
Advocate Sankalp Kochar represented the applicants, while Advocate Dilip Parihar appeared for the respondents.
The wife had lodged an FIR against her husband and her in-laws for the offences under Sections 498-A, 406, 294 and 506 read with Section 34 of the IPC. It was alleged that the husband and her in-laws used to abuse her frequently for dowry. When she did not listen to the illegal demands made by her husband and her in-laws, they pressured her for a divorce.
The husband’s family alleged that he had committed suicide on account of the registration of a criminal case under Section 498-A of IPC by consuming poison, which according to the deceased was a false case.
The High Court had to consider whether the registration of a crime and filing of a charge sheet, which according to the deceased was a false case, would amount to abetment to commit suicide.
The Court observed, “Lodging of an FIR is certainly in accordance with law. If some offence has been committed, then the only option available with the complainant is to lodge an FIR and if somebody decides to take recourse of legal remedy available to her, then the said act of the complainant cannot be said to be an illegal Act thereby abetting the deceased to commit suicide. Whether the allegations made in the FIR are correct or not is to be decided by the trial Court after recording evidence of the witnesses.”
“If a person is hypersensitive and therefore, decides to put an end to his life, then such an act of the deceased cannot be said to be an outcome of abetment. By lodging the FIR, the applicants had not committed any illegal act and since a victim has a solitary option of approaching the Police and thereafter to the Court for redressal of her grievances,” the Court remarked.
Accordingly, the High Court allowed the application.
Cause Title: X & Ors. v. State of Madhya Pradesh & Anr.
Appearance:
Applicants: Advocate Sankalp Kochar
Respondents: Advocate Dilip Parihar and Ravi Shankar Patel