Rajasthan High Court Quashes Cruelty & Abetment Charge Against Husband, Says Suicide Notes Show Wife Was Happy With Him
Rajasthan High Court quashed criminal proceedings against a husband for abetting suicide of his wife after noting that the suicide notes written by the deceased indicated that she was in a happy relationship with the accused and was not tortured or harmed nor did he demand dowry from her and instigate her to commit suicide. On the contrary the court noted that as per evidence the deceased had...
Rajasthan High Court quashed criminal proceedings against a husband for abetting suicide of his wife after noting that the suicide notes written by the deceased indicated that she was in a happy relationship with the accused and was not tortured or harmed nor did he demand dowry from her and instigate her to commit suicide.
On the contrary the court noted that as per evidence the deceased had a strained relationship with her daughter due to which she was depressed and there was no prima facie case established against the husband.
The court was hearing the husband's plea seeking quashing of the criminal case pending before the Sessions Court lodged under Sections 306 (abetment to suicide) and 498A (cruelty) IPC.
An FIR was lodged against the petitioner, wherein allegations were levelled against him and his family for torturing the daughter-in-law in respect of dowry and forcing her to commit suicide. After investigation, as no case was found against the family, the charges were only framed against the husband. Against framing of charges the petitioner husband had moved the high court.
Perusing the suicide notes in questions, Justice Anoop Kumar Dhand noted that a bare reading of the two indicated that the deceased wife's relationship with the petitioner husband was good and cordial and she was happy in the companionship of the petitioner.
It noted that as per FSL report the handwriting of the notes matched with the deceased's handwriting. But, the court also noted, "her relationship with the daughter was strained and the daughter hated her mother i.e., the deceased", and hence due to this the deceased had "slipped into depression and committed suicide". The court said:
"Statements of three witnesses indicate that both the petitioner and the deceased were residing happily in the companionship of each other but the relationship of their daughter was not good with her mother (the deceased).Had it been a case based on the evidence placed by the in laws of the petitioner only, the situation could have been examined accordingly, but looking to the documentary evidence i.e. two suicide notes in question, written by none other than the deceased herself, it is clear that she was happy with the petitioner and she has not asserted anything against him in both the suicide notes that she was subjected to torture or harmed by her husband or her husband demanded for dowry or abetted or instigated her to commit suicide".
The court further noted that though the deceased wife's father had levelled against the husband and in-laws however the police had submitted charge-sheet only against the petitioner and no allegations of abetment or instigation have been levelled even by them in their police statements recorded under Section 161 Cr.P.C. against the petitioner that he abetted or instigated the deceased in any manner to commit suicide.
The court further noted that the petitioner's daughter had deposed against him stating that "her father used to beat her mother because of quarrel between them" and she was admitted to hostel wherein she came to know about her mother's death. However, it noted, that even in her statements there was no allegation against the petitioner that he ever abetted or instigated the deceased to commit suicide.
The court said that the defence of the accused is not required to be looked into at the stage of framing of charges and hence the court did not appreciate the mobile chats of the deceased with the petitioner on the day she committed suicide.
"This Court is also aware of the fact that at the stage of framing of charge only prima facie case is required to be seen and evidence is not required to be seen. But looking to the two suicide notes in question, which were recovered and seized by the Investigating Agency, as the same have been written by the deceased, no prima facie case is made out to proceed against the petitioner under Sections 306 & 498A IPC as the deceased has not levelled any kind of allegation against the petitioner in relation to the above stated offences, rather she has admitted the fact that her relations with the petitioner were cordial and the petitioner has provided all kinds of happiness to her during her lifetime. But due to strained relations of the deceased with her daughter, she had committed suicide.
This Court finds that the complainant has failed to prima facie establish that the petitioner had any intention to instigate, aid or abet the deceased to commit suicide. The complainant has ever failed to prima facie establish that the petitioner in any manner tortured or harassed the deceased for dowry, etc. No doubt, a young woman of 39 years ended her life in an unfortunate manner, however, in the absence of sufficient material to show that the petitioner had instigated by his words thereby pushing the deceased into such a position that she was left with no other option but to commit suicide, then no prima facie case is found to be proved against the petitioner. Hence, continuation of criminal proceedings against the petitioner would result in abuse of the process of law".
Finding the ingredients of the offence to be prima facie missing the court quashed the proceedings.
The petition was allowed.
Case title: Ashish Kumar Sharma v/s State of Rajasthan & Anr.
S.B. Criminal Miscellaneous (Petition) No. 5676/2023