The central legal point established in the judgment is the requirement to establish continuous harassment, instigation, and mens rea for the offence of abetment of suicide under Sec. 306 of IPC.

JUDGMENT

ABHAY S.WAGHWASE, J. - By way of instant application, applicants herein, who are arraigned as accused in Crime No. 196 of 2019, registered at Shrirampur City Police Station, Shrirampur District - Ahmednagar, for the offence punishable under Sec. 498-A, 306, 323, 504, 506 read with Sec. 34 of the Penal Code, 1860, are praying for quashing the said crime and consequential charge-sheet arising out of it.

Brief background of the case:

2. Raheman Shaikh, father of deceased Aasma, approached Shrirampur City Police Station, Shrirampur, District Ahmednagar on 11/3/2019 informing about his deceased daughter to be married with Salim Sayyed Lal Sayyed on 8/5/2011. He has alleged that after two months of marriage, father-in-law brought his daughter to informant's house levelling allegations that she was back answering and she was unable to do household work. Informant claims that after he enquired with his daughter, she told that her husband after getting drunk, abused her and beat her. Parents-in-law and brother-in-law also beat her and put up demand of Rs.50, 000.00. On failure to meet such demand, she was driven out of the house. Getting fed-up of such ill-treatment, his daughter hanged herself on 10/3/2019 and committed suicide. Hence, the complaint.

3. In the backdrop of above complaint, Police registered Crime No. 196 of 2019 for the aforesaid offences against present applicants and investigation was carried out. On conclusion of the investigation, charge-sheet came to be filed. It is this crime and consequential proceeding, which are now sought to be quashed by the applicants herein by praying to invoke inherent powers under Sec. 482 of the Code of Criminal Procedure (for short 'Cr.P.C.').

Submissions

4. Learned Advocate for the applicants, after informing status of each of the applicants and their relation with the deceased, pointed out that marriage is apparently of 2011. Allegations are petty and general in nature. According to him, there was no demand, ill-treatment or taunting nor there was any physical of mental ill-treatment. He pointed out that behaviour of deceased herself was not proper. That, it is an attempt to falsely implicate husband and in-laws that too after more than 6 to 7 years of marriage. There was no demand and for what purpose amount was sought is also not stated in FIR. He pointed out that deceased repeatedly left the company of her husband and was required to fetch time and again. Taking us through the FIR, he pointed out that necessary ingredients for attracting offence under Sec. 498-A of Penal Code, 1860 (IPC) and more particularly, under Sec. 306 of the IPC, are completely missing. He submits that there was no abetment or harassment which was of such nature that would compel deceased to commit suicide. On this count, he invited our attention to settled legal position on this point and would point out that in absence of any of the ingredients for the offence for which crime is registered, involvement of the applicants is with ulterior motive. That it is apparently an abuse of process of law. Thus, he prayed to invoke inherent powers of this Court under Sec. 482 of the Cr. P.C. for granting relief to the applicants as prayed.

5. While opposing the application, learned APP for respondent No. 1 submits that from the FIR it is apparent that deceased regularly informed her father about ill-treatment being given to her by husband and in-laws. That, she was subjected to mental and physical cruelty time and again. Subsequently, husband started suspecting her character. There is allegation about raising demand of Rs.50, 000.00 and on failure to meet said demand, she was allegedly harassed and ill-treated. Only because of such harassment and ill-treatment, it is his submission that deceased committed suicide. That, there are statements of relatives recorded under Sec. 161 of Cr. P.C., which clearly show that applicants - accused are responsible for ill-treatment and suicidal hanging. Therefore, applicants