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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Smt Justice V. Sujatha, J
Surla Hema Sundara Rao, @ Nani – Appellant
Versus
State Of A.P. – Respondent
ORDER :
Since both the Criminal Petitions arose out of same Crime Number and the issue involved in both the cases is one and the same, they are being disposed of by this common order.
2. Criminal Petition No.2854 of 2021 is filed by the petitioner/A.1 under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.,) seeking to quash the proceedings in Crime No.41 of 2021 on the file of Anakapalli Town Police Station, Visakhapatnam District, registered for the offences punishable under Section 306 r/w 34 of IPC against the petitioner herein, while Criminal Petition No.3529 of 2021 is filed by the petitioner/A.2 seeking to quash the proceedings in Crime No.41 of 2021 on the file of Anakapalli Town Police Station, Visakhapatnam District, registered for the offences punishable under Section 306 r/w 34 of IPC against the petitioner herein.
3. Petitioners in both the Criminal Petitions are A.1 and A.2 respectively, who are arrayed as accused in Crime No.41 of 2021. The 2nd respondent-de-facto complainant lodged a complaint before Anakapalli Town Police Station, alleging that her husband Surla Venkata Simhadri Appalanaidu @ Naidu was the Correspondent of Sri Venkateswara Vidyani
For abetment of suicide under IPC, there must be clear evidence of instigation or aiding the act, which was not established in this case.
Mere allegations of harassment do not constitute abetment of suicide under Section 306 IPC without direct evidence linking the accused's actions to the deceased's decision to commit suicide.
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.
Point of law: Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in....
Mere harsh words or disputes over property do not fulfill the legal requirements for abetment of suicide under IPC Sections 306 and 107.
The offence of abetment of suicide under Section 306 IPC requires a direct involvement of the accused in the commission of suicide and that the acts or omissions of the accused must be proximate, con....
To establish abetment under Section 306 IPC, specific intent and action must be proven; mere allegations or familial disputes are insufficient.
In matrimonial disputes, vague allegations against relatives cannot sustain charges under IPC; specific evidence of instigation or aid is required for abetment of suicide.
Abetment of suicide – Mere quarrels, expressions of anger, denial of a civil claim, or harsh words spoken in context of disputes do not constitute abetment of suicide unless they are shown to have be....
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