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VENKATA JYOTHIRMAI PRATAPA
Nalluri Mohana Naga Venkata Sai Durga Ellareswari @ Yellareswari – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. essential facts surrounding the case and events leading to prosecution. (Para 1) |
| 2. factual background of the case (Para 2) |
| 3. arguments about the quashment of proceedings (Para 3 , 4 , 5) |
| 4. determination of jurisdiction under section 482 (Para 6 , 7) |
| 5. court's reasoning on absence of required elements for section 306 ipc (Para 8 , 9 , 10 , 11) |
| 6. conclusion to quash proceedings against the accused (Para 12 , 13) |
JUDGMENT/ ORDER :
The instant petition under Section 482 of Code of Criminal Procedure, 1973 (in short 'Cr.P.C.'), has been filed by the petitioners/accused Nos.1 and 2, seeking quashment of proceedings against them in Crime No.258 of 2020 on the file of Chebrole Police Station, West Godavari District, which was registered for the offences punishable under Section 306 read with 34 of the INDIAN PENAL CODE , 1860 (in short, 'I.P.C.').
2. The facts of the case, in brief, are as follows :
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.
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 under Section 306 IPC, specific intent and action must be proven; mere allegations or familial disputes are insufficient.
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.
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