IMPORTANT POINT
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.

ORDER :

Venkata Jyothirmai Pratapa, J.

The instant petition under Section 482 of Code of Criminal Procedure, 1973[in short ‘Cr.P.C’] is preferred by the Petitioners/Accused Nos.2 and 3, seeking quashment of proceedings against them in S.C.No.412 of 2018 on the file of the Court of Assistant Sessions Judge, Repalle,[In short, ‘trial court’] registered for the offences punishable under Sections 498-A and 306 read with 34 of the Indian Penal Code, 1860[in short, ‘I.P.C.’].

2. Petitioners herein are the mother and father of Accused No.1 and Respondent No.1 is the mother of the deceased in the above case.

3. The case of the prosecution, in brief, is as follows:

a. In 2016, it was agreed to perform marriage of Accused No.1 to the daughter of Respondent No.1 and the parents of the bride agreed to give Ac.2.50 cents of land, 5 sovereigns of gold, Rs.4 lakhs towards dowry and Rs.30,000/- towards adapaduchu lanchanam. As per the advice of the Astrologer, the name of the bride was altered as Devaki Manasa instead of Manasa and the marriage was also performed on 27.04.2017 at Sivalayam, Pedakakani and immediately after the marriage, the deceased joined her husband at Tenali. Two months thereafter, Petitioner/Accused No.2 started harassing the deceased stating that the horoscopes were not matched and rest of the accused used to support Accused No.2 in harassing the deceased. During Aashadamasam the deceased went to her parental home and after completion of Aashadam, Accused Nos.1 to 3 did not take the deceased to the matrimonial home and postponed the same on one pretext or the other.

b. When the parents of the deceased along with their relatives took the deceased to her matrimonial home to cross the door step after Aashadam, the accused did not allow her to do so saying that the deceased was “Nasta Jatakuralu”. As the formality is a mandatory, the family members managed to make the deceased to cross the door step by breaking a coconut and while the deceased was crossing the door step, the reluctant Accused Nos.2 and 3 rushed away from their house. Accused No.4 prevented and expelled the deceased and her parents.

c. Accused Nos.,2 and 3 reported Tenali II Town Police against the deceased and her family members stating that they barged into their house. On enquiry, the Police reprimanded the accused and sent them away. As all the efforts made by the parents of the deceased and the elders proved futile, the deceased committed suicide on 20.11.2017 at about 2.00 p.m., by using a noose at her parental home.

d. As such, the mother of the deceased lodged a complaint, based on which a case in Crime No.97 of 2017 on the file of Nagaram Police Station was registered against the accused for the offences under Sections 498-A and 306 read with 34 of I.P.C.

e. After completion of investigation, Police filed charge sheet for the alleged offences against Accused Nos.1 to 4, which was numbered as S.C. No.412 of 2018 on the file of the Court of Assistant Sessions Judge, Repalle.

4. Petitioners/Accused Nos.2 and 3 filed the present petition seeking quashment of the said case against them on the following grounds:

a. Petitioners have in no way abetted the deceased to commit suicide. To attract the offence, there must be a positive act committed by the Petitioners in assisting the deceased to commit suicide. Even if the entire allegations are admitted, there is no such positive act on the part of the Petitioners to constitute abetment for the suicide of the deceased. Hence, the Petitioners are entitled for discharge as the alleged acts are not attracted.

b. A refusal on the part of the in-laws to allow the deceased into their home does not amount to abetment or instigation of suicide.

c. A mere matrimonial disturbance, however, serious or foolish, cannot be termed as abetment. Further, the allegations pertaining to Section 498-A IPC are not at all attracted against the Petitioners.

d. This Court by its Order dated 11.02.2020 in Crl.P.No.4828 of 2019 quashed the proceeding