6 March 2023 6:40 AM GMT
The Allahabad High Court has observed that while considering the prayer for quashing the charge sheet, the Court cannot examine any defence of the accused which has yet to be placed before the subordinate Court. The bench of Justice Shekhar Kumar Yadav observed thus while refusing to entertain the plea filed by one Kalika Pratap Singh seeking to quash criminal proceedings initiated...
The Allahabad High Court has observed that while considering the prayer for quashing the charge sheet, the Court cannot examine any defence of the accused which has yet to be placed before the subordinate Court.
The bench of Justice Shekhar Kumar Yadav observed thus while refusing to entertain the plea filed by one Kalika Pratap Singh seeking to quash criminal proceedings initiated against him for allegedly abetting the suicide of a woman.
The bench noted that at the stage of the charge sheet, Court concerned has to only examine the documents collected during an investigation by Police, who submitted the charge sheet and all other evidence as alleged by the accused will be examined during the trial.
As per the prosecution’s case, Applicant Kalika’s marriage was fixed with the victim and he allegedly took Rs. 24 lakhs as dowry. He continued with the relationship for quite some time and later on, he refused to continue with the relationship and marry the victim.
Affected by the applicant’s refusal to marry her, the victim consumed poison and later on died. She left behind a suicide note, wherein she made several allegations against the applicant including the offence of rape (sex on false promise to marry).
After the investigation, the Investigating Officer found no case against the applicant and therefore, a final report was submitted against the applicant in September 2021.
Opposing the same, the mother of the victim-deceased moved an application before the police authority for further investigation into the matter, upon which an enquiry was ordered and the enquiry officer recommended further investigation into the matter under Section 173(8) Cr.P.C.
Thereafter, a charge sheet was submitted against the applicant in May 2022 under Sections 420, 376,306,406,120-B IPC and Section 67 of IT Act and Section 3/4 of D.P.Act upon which the court below took cognizance and the accused was summoned to face the trial. Further, NBW has also been issued against him.
Now, the accused moved the instant plea before the High Court arguing that it could not be called rape, if a consensual physical relationship was based on a genuine promise of marriage, which could not be fulfilled as the accused and his family came to know about the fact that the victim was involved in a criminal case.
It was further submitted that abetment involves a mental process of instigating a person or intentionally aiding a person in doing a thing and without a positivist act on the part of the accused to instigate or aid in committing suicide, a conviction cannot be sustained.
It is further contended that in order to convict a person under Section 306 IPC there has to be a clear mens-rea to commit offence.
On the other hand, the AGA, appearing for the state argued that even an indirect act of incitement to the commission of suicide would constitute the offence of abetment of suicide.
It was also contended that in the exercise of power under Section 482 of the Cr.P.C., the Court does not examine the correctness of the allegation in the complaint except in exceptionally rare cases where it is patently clear that the allegations are frivolous or do not disclose any offence.
Against this backdrop, the Court noted that from the perusal of the material on record, it cannot be said that no offence is made out against the applicant.
The Court further observed that all the submissions made by the counsel for the accused relate to the disputed question of fact, which cannot be adjudicated upon by the Court under Section 482 Cr.P.C as at this stage, only a prima facie case is to be seen.
“Whether the accused instigated the deceased to take poison or not cannot be considered at this stage. The other facts which are relevant that the accused developed a friendship with the deceased and he had a relation with her for quite some time and all of a sudden, he withdrew from the relationship, which might cause serious depression to the victim or breaking of relationship with her might have caused such embarrassment to her so that she may not have thought of any other recourse but to consume poison. It is not a case where the accused has been charged of offence only under Section 306 on mere refusal to marry but here the applicant had developed a relationship with the victim from before. He continued with the relationship for quite some time and later on he refused to continue with the relationship and to marry the victim. Whether it is a case of entering into a relationship with deceased with or without consent or whether he played any active direct or indirect role which leads deceased to commit suicide cannot be looked into at this stage,” the Court further observed as it refused to quash case against the accused.
Counsel for Applicant: Shri Krishna Mishra, Ajay Mishra, Sheshadri Trivedi
Counsel for Opposite Party: G.A., Ashish Pandey, Pragya Pandey
Case title - Kalika Pratap Singh vs. State Of U.P. And Another [APPLICATION U/S 482 No. - 33349 of 2022]
Case citation: 2023 LiveLaw (AB) 85
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