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VIKRAM NATH, PRASANNA B. VARALE
Ranjeet Mittal – Appellant
Versus
State of Madhya Pradesh & Anr. Etc. Etc. – Respondent
ORDER :
1. Leave granted.
2. The appellant assails the common order dated 08.05.2023 passed by High Court for Judicature of Madhya Pradesh at Gwalior in Criminal Revision No.5766 of 2019, Criminal Revision No. 5767 of 2019 and Criminal Revision 5768 of 2019 whereby the High Court allowed Criminal Revision filed by Respondent no. 2 to 5 and quashed the order dated 07.11.2019 passed by 3rd Additional Session Judge, District- Vidisha against Respondent No. 2 framing charges under section 498-A, 306 read with Section 34 IPC and in alternate under Section 302 read with Section 34, and 201 of Indian Penal Code. By the same order, the High Court also quashed the order passed on 13.11.2019 against Respondent No. 3 to 5, framing charges under section 498-A, 306 read with Section 34 and in alternate under Section 302 read with Section 34 of Indian Penal Code. The Appellant Ranjit Mittal is the son of Complainant- Mr. Kailash Mittal who passed away on 21.02.2023. The Complainant was father of Anjali Agarwal, the deceased.
3. The brief facts leading to framing of charges against Respondent No.2 to 5 are as follows:
4. Deceased Anjali Agarwal was married to Respondent No.2 Sulabh Agarwal on 06.05.2
The court reaffirmed that a prima facie case must be established for proceeding with criminal charges, emphasizing the trial's role in determining the truth.
At the stage of framing of charges, Court has to consider material only with a view to find out if there is a ground for presuming that accused had committed offence.
In matrimonial disputes, vague allegations against relatives cannot sustain charges under IPC; specific evidence of instigation or aid is required for abetment of suicide.
The main legal point established in the judgment is the requirement of mens rea and direct or active instigation for the offence of abetment under Section 306 of the IPC. The judgment also emphasizes....
Abetment to suicide under IPC Sections 306 and 498A necessitates proof of instigation or influencing behavior, requiring thorough examination in trial; mere allegations do not suffice.
The court upheld the presumption of abetment of suicide under Section 113-A of the Evidence Act, affirming sufficient grounds for framing charges of cruelty and abetment against the petitioners.
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