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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DR JUSTICE VENKATA JYOTHIRMAI PRATAPA, J
Cheerladinne Amruthavalli – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
(VENKATA JYOTHIRMAI PRATAPA, J.)
The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, “ Cr.P.C .”) has been filed by the Petitioners/ Accused Nos.2 & 3, seeking quashment of the proceedings pending against them in PRC No.24 of 2022 on the file of I Additional Junior Civil Judge Court, Narasaraopet, Palnadu District for the offences punishable under Sections 498A & 306 r/w 34 ofIPC .
2. Heard Sri N.V.Sumanth, learned counsel for the petitioners, Sri G.B.V Ravi Kumar, learned counsel for the respondent No.2 and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State.
3. Learned Counsel for the petitioners would submit that the petitioners herein are A2 and A3. A2 is the sister of A1. A3 is the husband of A2. Learned counsel would further submit that the petitioners herein are not staying under same roof with A1 and the deceased. Learned Counsel for the petitioners would further submit that the petitioners are working as Government Teachers. It is alleged against the petitioners that A2 and A3 used to encourage A1 to harass the wife of A1. A1 used to hear the words of A2 and A3. Learned Counsel would further submit t
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....
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 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 an offence under Section 306 IPC, specific evidence of instigation or intent to aid suicide is essential; absent such evidence, proceedings can be quashed.
For abetment of suicide under IPC, there must be clear evidence of instigation or aiding the act, which was not established in this case.
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or incitement by the accused, which was not present in this case.
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.
Denial of marriage does not constitute abetment of suicide under IPC without clear evidence of instigation or aiding the act.
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