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M. M. SUNDRESH, J. B. PARDIWALA
Yaddanapudi Madhusudhana Rao – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. Criminal Appeal No.901 of 2017 is filed by the appellant, laying a challenge to the order passed by the High Court declining to exercise jurisdiction under Section 482 of Code of Criminal Procedure (for short, "Cr.P.C.") in quashing the proceedings pending against him. Criminal Appeal No.902 of 2017 has been filed by the complainant against the very same impugned judgment and order, quashing the proceedings under Criminal Case No.2870 of 2010 qua accused Nos.2 to 8. Criminal Appeal No.903 of 2017 has been filed against the accused by the same complainant against the order dated 25.09.2013 dismissing Crl. M.P. No.2670 of 2013, filed by him in 2013 for recalling the judgment dated 18.09.2012.
2. The accused have been charge-sheeted under Sections 417 , 498(A), 306, 406 and 201 of the INDIAN PENAL CODE (in short "IPC").
3. The appellant is none other than the husband of the deceased, Madhavi. Accused No.2 and accused No.3 are the father and mother of the appellant respectively. Appellant No.4 is the uncle of the appellant and appellant No.5 is the wife of appellant No.4. Accused Nos.6 and 7 are friends who solemnized the marriage between accused No.1 and Madhavi. Accused No.
To establish an offence under Section 306 IPC, specific evidence of instigation or intent to aid suicide is essential; absent such evidence, proceedings can be quashed.
1. At the stage when the High Court considers a petition for quashing under Section 482 of the Cr.P.C, the test to be applied is whether the allegations in the complaint as they stand, without adding....
In matrimonial disputes, vague allegations against relatives cannot sustain charges under IPC; specific evidence of instigation or aid is required for abetment of suicide.
To establish abetment of suicide under Section 306 IPC, there must be a positive act or instigation by the accused; mere refusal to allow entry into the matrimonial home is insufficient.
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.
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.
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