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SUPREME COURT OF INDIA
N. V. RAMANA, S. ABDUL NAZEER, JJ.
MUNSHIRAM – APPELLANT(S)
VERSUS
STATE OF RAJASTHAN AND ANR. ETC. – RESPONDENT(S)
CRIMINAL APPEAL NOS.515-516 OF 2018 Arising out of Special Leave Petition (Crl.) Nos. 6453-54 of 2015)
Decided On : 09-04-2018
Facts of the case:
The deceased son of the Appellant herein (Brijesh Singh) got married to Respondent no. 2 -wife (Khushboo) on 10.2.2008.
It is alleged that on 8.7.2013, due to continuous humiliation and suffering inflicted upon by the wife and the accused persons, the Appellant’s son (Brijesh Singh) committed suicide.
In this context an FIR was lodged by the appellant under Section 306 of IPC against the Respondent-wife and her family members alleging that they harassed his son which ultimately lead to him committing suicide.
The accused Respondents filed a petition under Section 482 of CrPC before the High Court for quashing of the FIR No. 318 of 2013 for the offences of abetment to suicide under Section 306 of IPC.
The High Court quashed the aforesaid FIR on the ground that the alleged offence of abetment of suicide was not made out in this case.
Finding of the Court:
High court erroneously quashed the FIR.
Result: Appeal allowed.
JUDGMENT
N. V. RAMANA, J.
1. Leave granted.
2. These appeals are directed against the final judgment and order, dt. 15.04.2015, passed by the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur in S.B. Criminal Miscellaneous Petition Nos. 2372 of 2014 and 3508 of 2014, wherein the High Court quashed the FIR No. 318 of 2013 filed under Section 306 of IPC.
3. Before we analyse the case at hand, it would be necessary to observe the facts of this case which gave rise to the aforesaid FIR. The deceased son of the Appellant herein (Brijesh Singh) got married to Respondent no. 2 -wife (Khushboo) on 10.2.2008. From the aforesaid wedlock, the couple were blessed with a male child on 29.10.2009. It is to be noted that the wife on previous occasions had filed multiple complaints against her husband which were ultimately compromised. Moreover, the husband had also filed a complaint dt. 13.7.2010 alleging atrocities committed by her and her family on the deceased and his family. On 7.03.2013, Respondent-wife instituted another proceeding against the deceased. It is alleged that the deceased was under a constant fear of arrest and harassment because of false implication in criminal case. Thereafter a compromise is said to have been entered into between the deceased and the respondent -wife, wherein he had promised not to repeat any of the aforesaid occurrences. Thereafter, Respondent again filed an FIR No. 152 of 2013 against the deceased and the Petitioner under Sections 147, 323, 341 and 351 of IPC. It may not be out of context to mention here that the Respondent -wife also filed a domestic violence case against the deceased son of the appellant. It is alleged that on 8.7.2013, due to continuous humiliation and suffering inflicted upon by the wife and the accused persons, the Appellant’s son (Brijesh Singh) committed suicide. Before committing the suicide, the deceased is said to have written two suicide notes which needs to be recorded herein.
Suicide Note 1
My wife Khushboo and his parents and family members since after marriage are threatening me and my family saying that we are dacoits and we will kill you and also have filed false cases of dowry and domestic violence. My wife Khushboo has got an illicit relation with Rajkumar the 2nd son of SI Gajadhar living in her neighbourhood and Rajesh Aggarwal and son of Fawji and others also keep on facilitating / helping them.
keep on facilitating / helping them. My wife, my in-laws and these boys are intending to grab the factory and house of my parents, this is why they keep on torturing us and do not allow me and my parents to meet my son. Me and my parents are in deep agony since after my marriage. The total investment in the factory is done by my father and I have not contributed any penny. I love my wife and my child very much but she do not have any affection either for me and my parents so, her parents keep on threatening us and keep on filing false complaint and are trying to grab the house and factory by implicating my parents and my sister in false cases (sic)
(redaction supplied)
Suicide Note 2
My wife Khushboo under the influence of Rajkumar the 2nd son of SI Gajodhar living in her neighbourhood, Rajesh Aggarwal, her parents and other in-laws has got filed a false case against me, my parents and my sisters. Due to which I am in deep mental stress. I am committing suicide. All these are conspiring to grab the house and factory of my parents. My parents are old and they may kindly be helped. The complete investment in the factory is done by my father after his retirement. I do not have any contribution in it. My wife wants to flee away to Delhi after grabbing all these and every day she keeps abusing us and also threatens to get us killed. She does not let us meet my son. I have always loved my wife. She has always betrayed me. She may be removed from the house of my parents. Safety of my parents be ensured
(sic)
(redaction supplied)
4. In this context an FIR was lodged by th
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