While quashing an FIR filed against one Komal Soni, Gujarat High Court recently observed, “It is rightly said that the greatest mistake a husband and wife makes in their relationship; is that they listen half, understand quarter, think zero and react double. This is exactly seems to have happened in the present case.”
The Court was hearing a petition filed by Ms. Komalben Soni, who was accused of abetting her husband’s suicide. In the suicide note left behind by the husband, he had stated that he was ending his life because his wife had an extra marital affair with her boss. He had named another employee of the company, as being instrumental in bringing Komal close to the boss.
The husband’s suspicions had grown to the extent that the couple had entered into an understanding in writing duly signed by them, where it was undertaken by the husband that he would not doubt the character of his wife and live a happily married life.
The prosecution had now contended that the wife, her boss and the colleague had instigated the husband to end his life and thereby committed the offence punishable under Section 306 of the Indian Penal Code. Section 306 makes abetment of suicide punishable.
Delivering the judgment, Justice J.B. Pardiwala looked into the definition of abetment, and observed that in a case under Section 306, there should be clear mens rea to commit the offence under the section, along with a direct or active act by the accused.
Applying this established principle of law, the Court quashed the FIR and observed, “Even if I accept the entire case of the prosecution as it is, by no stretch of imagination it could be said that the applicants herein ever intended the consequences of the act. It is possible that in a marital life there may be some differences between the husband and the wife. If the husband starts entertaining doubts in his mind without any basis for the same and takes an extreme step of committing suicide, then the wife should not be put to trial on the allegation that she abetted the commission of suicide.”
Read the Judgment here.