Gujarat High Court Stays Probe Against Man In FIR Over Alleged Honour Killing Of 'Live-In' Partner

The Gujarat High Court in an interim order stayed a Tharad sessions court direction ordering probe against a man in a case concerning the alleged honour-killing of his "live-in" partner by her kin. Justice MR Mengdey in his order observed that from the record it appeared that the petitioner was the complainant in the FIR registered by Tharad Police Station wherein one of the co-accused in the FIR had approached the Sessions Court seeking regular bail. For context, the Additional Sessions Judge in its November 11 order, while granting bail to the co-accused, had observed that the petitioner before the high court was "very well aware about the fact that in environment and society from which the he and the deceased belongs, act committed by the complainant, is not acceptable by the society or family of the deceased". The trial court had noted that the complainant also knew the "mentality and customs of his society very well", which had resulted in the alleged honour killing. "Hence, the offence punishable under Section 46 of the BNS may be made out against the applicant and he may be considered as Abettor of the present crime. From the perusal of the complaint and record available on record, the complainant of the present case can be considered as an accused who committed the offence regarding culpable homicide which describes in Section 100 of the BNS and the act done by the complainant may be considered the offence punishable under Section 101(d) of the BNS. Therefore, the Investigating Officer should conduct the investigation keeping this aspect in mind and submit a detailed report in the context of the investigation," the sessions court had directed. The trial court had directed the IO to "take appropriate action" keeping in mind the court's observations in its order and further submit a report to the court. Taking note of the trial court order the high court issued notice on the petitioner's plea seeking quashing of the proceedings against him. It further said, "Ad-interim relief in terms of Para-12(D) is granted till the next date of hearing". The matter is listed on March 6, 2026. The trial court in its order had noted that the deceased was a girl of 18-years and the complainant, aged 23 years, is a married man who had eloped with the deceased and had "executed a mutual friendship (live-in) agreement".The trial court had also said, "environment and society from which the complainant and the deceased belongs, such acts are not acceptable by the society and the complainant knew the mentality and customs of his society very well and he also knew that when a young daughter of a family runs away with a married boy and lives in a 'live-in relationship', then the respect of the family gets tarnished in the society and the environment and mentality with which the people of the family live, can commit such a serious act, yet he did so...". As per the FIR four accused persons had strangled the deceased with a dupatta and killed her; thereafter, with the intention of proving it to be a suicide, they had hung her body.Case title: HARESHBHAI HIRJIBHAI CHAUDHARI v/s STATE OF GUJARAT & ANR.R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 15647 of 2025Click Here To Read/Download Order

Gujarat High Court Stays Probe Against Man In FIR Over Alleged Honour Killing Of 'Live-In' Partner

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