Recently, the Rajasthan High Court delivered a significant ruling clarifying the limits of criminal liability in matrimonial disputes, holding that mere allegations cannot substitute proof when it comes to offences like abetment of suicide and cruelty.
The case arose from FIR registered at Police Station Kunhadi, Kota, where allegations were initially made under Sections 302 and 498A IPC against the husband and his family. After investigation, the police filed a charge sheet only against the husband under Sections 306 and 498A IPC. The deceased, wife of the Petitioner, died by suicide. During investigation, two handwritten suicide notes were recovered from her belongings, which were later confirmed by the Forensic Science Laboratory to be written by her. The couple had been married for several years and had a daughter. Evidence on record indicated that the deceased had a strained relationship with her daughter and had recently undergone emotional distress due to personal circumstances, including a failed pregnancy.
The counsel for the Petitioner argued that no ingredients of Sections 306 or 498A IPC were made out. It was submitted that there was no evidence of cruelty, harassment, or instigation. Reliance was placed on the suicide notes, which allegedly reflected a cordial relationship between the spouses. It was further contended that the deceased was under mental stress due to strained relations with her daughter and not because of any act of the petitioner.
The prosecution and complainant opposed the plea, arguing that statements of the deceased’s parents and daughter indicated that the petitioner used to quarrel with and harass the deceased. It was contended that at the stage of framing of charge, only a prima facie case is required, and sufficient material existed to proceed against the accused.
The Court analysed the scope of Sections 306 and 498A IPC and reiterated that for abetment of suicide, there must be clear mens rea and a direct or active act of instigation or aid. Mere harassment or matrimonial discord does not automatically amount to abetment. Upon examining the suicide notes, the Court found that the deceased had not levelled any allegations of cruelty, dowry demand, or instigation against the petitioner. Instead, the notes suggested that she shared a cordial relationship with him. The Court also noted that witness statements indicated marital harmony, while the primary issue appeared to be the strained relationship between the deceased and her daughter. The Court held that there was no material to show that the petitioner’s conduct drove the deceased to commit suicide or that he had the intention to abet the act.
The High Court allowed the petition and quashed the entire criminal proceedings pending against the Petitioner. It held that continuation of the trial would amount to abuse of the process of law, as no prima facie case under Sections 306 and 498A IPC was made out.
Case Title: Ashish Kumar Sharma v. State of Rajasthan & Anr.
Case No.: S.B. Criminal Miscellaneous (Petition) No. 5676/2023
Coram: Hon’ble Mr. Justice Anoop Kumar Dhand
Advocate for the Appellant: Mr. Samarth Sharma
Advocate for the Respondent: Mr. Jitendra Singh Rathore, PP; Mr. R.R. Goyal for Mr. Shamsuddin Ansari
Read Judgment @Latestlaws.com
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