Snehlata Chaurausiya Alias Sneha vs The State Of Madhya Pradesh
2023 Latest Caselaw 2716 MP

                                   1
 IN        THE    HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                   ON THE 14 th OF FEBRUARY, 2023
                 CRIMINAL REVISION No. 475 of 2023

BETWEEN:-
SNEHLATA CHAURAUSIYA ALIAS SNEHA W/O LATE
SHRI MANISH CHAURAUSIYA, AGED ABOUT 38 YEARS,
OCCUPATION: HOUSEWIFE IN FRONT OF DADAJI
PLAZA BARETH GANJBASODA DISTRICT VIDISHA AT
PRESENT R/O C/O RAMSWAROOP CHOKSHI VILLAGE
DABAR TEHSIL AND DISTRICT VIDISHA (MADHYA
PRADESH)

                                                               .....PETITIONER
(BY SHRI RAJMANI BANSAL - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION THROUGH POLICE STATION BASODA SAHAR
DISTRICT VIDISHA (MADHYA PRADESH)

                                                            .....RESPONDENTS
(BY SHRI G.P.CHAURASIA - PUBLIC PROSECUTOR)

      Th is revision coming on for hearing this day, th e court passed the

following:
                                    ORDER

Petitioner filed this criminal revision under Sections 397, 401 of Cr.P.C. being aggrieved by the order dated 29.11.2022 passed in Sessions Trial No.61/2022 by first Additional Sessions Judge, Ganjbasoda, District Vidisha by which the trial Court has framed the charge under Section 306 read with Section 34 of the IPC against petitioner.

2. In brief facts of the case are that on 16.04.2022 at about 5:45 pm, brother of the deceased gave an information at Police Station Ganjbasoda

regarding suicide committed by his brother Manish Chaurasia in which he has alleged that wife of the deceased i.e. present applicant accused was having relationship with one Sanju Raghuvanshi, due to this, his brother used to remain in tension. On the basis of dehati merg bearing No. 32/2022 under section 174 of the Cr.P.C. was recorded. Dead body panchnama of the deceased was prepared and sent for post-mortem. As per post-mortem report, deceased died due to asphyxia as a result of hanging. During merg inquiry, statements of mother, father and brother of the deceased were recorded in which they have alleged that present applicant accused is wife of the deceased who is having relationship with Sanju Raghuwanshi, on account of which deceased committed

suicide. Thereafter, on 17.04.2022 offence bearing crime No.181/2022 punishable under Sections 306 and 34 of IPC was registered. During investigation, suicide note written by deceased has been seized in which he has alleged that his wife is having relationship with one Sanju Raghuwanshi, therefore, he committed suicide. After investigation charge-sheet has been filed.

3. Learned advocate for the petitioner submits that there is no evidence in the present case of abetment of suicide as defined in Section 107 of IPC. Relying upon the judgment passed in the case of K.V. Prakash Babu vs. State of Karnataka, reported in (2017) 11 SCC 176 in which Apex Court has held that -:

"It is clarified that if husband gets involved in an extra-marital affair, that may not in all circumstances invite conviction under Section 498-A IPC or Section 306 IPC, but definitely that can be a ground for divorce or other reliefs in a matrimonial dispute under other enactments".

4. Learned counsel for the petitioners submitted that case of the

prosecution does not come within the purview of Section 107 of IPC because only on the ground of illicit relationship it cannot be assumed that it comes in the definition of abetment. She has relied upon the judgment passed by the Apex Court in the cases of Pinakin Mahipatray Rawal v. State of Gujrat, reported in 2013 (10) SCC 48 and Amalendu Pal v. State of West Bengal, reported in 2010 (1) SCC 707.

5. On the other hand, learned counsel for the respondent/state has vehemently opposed the prayer on the ground that the offences which was registered against the petitioner is against the society and the said offences are not compoundable.

6. Heard the learned counsel for the parties and perused the record.

7. The parameters of 'abetment' have been stated in Section 107 of the IPC, which defines 'abetment of a thing' as follows :-

"107. Abetment of a thing.- A person abets the doing of a thing, who - First- Instigates any person to do that thing; or Secondly-Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly- Intentionally aids, by any act or illegal omission, the doing of that thing.

8. Looking to the facts and circumstances of the case, case of the prosecution does not come within the purview of Section 107 of IPC. Thus,

considering the totality of the circumstances and the law laid down by the Apex Court, this Court is of the considered opinion that even if the entire allegations are accepted, then there is no prima facie material to show that the petitioner in any manner had abetted the deceased to commit suicide. In such circumstances, the FIR bearing Crime No.181/2022 registered at Police Station

Basoda Shaher District Vidisha for the offence punishable under Section 306, 34 of IPC as well as charge-sheet filed against the petitioner for the aforesaid Sections and all other consequential criminal proceedings arising out of the aforesaid FIR, deserve to be quashed and the same are hereby quashed.

9. The petition stands allowed in aforesaid terms.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

VIJAY TRIPATHI 2023.02.14 18:24:36

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