The court emphasized that mere allegations of harassment are insufficient for abetment of suicide; a direct nexus between the accused's actions and the suicide must be established.

JUDGMENT :

J. C. Doshi, J.

1. This revision under Section 397 read with Section 401 of the Cr.P.C. challenges the order passed below Exhibit-19 in Sessions Case No.151 of 2021 whereby learned 2nd Additional Sessions Judge, Mehsana declined to discharge the petitioners – accused from offence punishable under Section 306, 498A and 114 of IPC.

2. The facts which can be outlined in brief are as under :-

2.1 The petitioner No.1 and deceased wife were married in the year 2009 and thereafter the deceased wife was living with her matrimonial house. During the wedlock the deceased wife gave birth to a child named Kanji. It is alleged that accused petitioners sold away the gold ornaments of the deceased and when the deceased used to demand her gold ornaments, she was subjected to physical and mental cruelty by the petitioners. Ultimately, on 18.04.2024, the deceased committed suicide. Thereafter, FIR came to be filed against the petitioners and the case was committed to Sessions Court. Petitioners earlier filed quashing petitions before this Court which were disposed of vide order dated 28.06.2023. Thereafter, petitioners filed SLP (Criminal) No.9461 of 2023 before Hon’ble Supreme Court which also came to be withdrawn by the petitioners vide order dated 11.08.2023. Thereafter, the petitioners preferred application for discharge of the offence before the learned Sessions Judge and the same came to be rejected vide order dated 28.02.2024. Hence, the present revision.

3. Heard learned Senior Advocate Mr.Tejas Barot assisted by learned advocate Ms.Riya Choksi appearing for the petitioners – accused and learned APP Mr.Soham Joshi representing the State.

4. Starting with the previous proceedings taken place in the above said offence, learned Senior Advocate Mr.Tejas Barot would submit that the petitioners – accused have previously preferred Criminal Misc. Application No.12431 of 2021 as well as Criminal Misc. Application No.11831 of 2021 before this Court under Section 482 of the Cr.P.C. for quashing the FIR against the petitioners claiming it to be an abuse of process of law. The coordinate Bench of this Court by two different judgments dated 28.06.2023 and 12.07.2023 dismissed both the Criminal Misc. Applications and declined to quash the FIR. The issue carried to the Hon’ble Supreme Court by filing SLP (Criminal) No.9461 of 2023 wherein Hon’ble Supreme Court was not inclined to admit the petition and hence, it was withdrawn leaving it open to the petitioners to avail such other remedy as may be available under the law in particular Cr.P.C. before the learned Trial Court or any other forum.

5. Learned Senior Advocate Mr.Tejas Barot would submit that thereafter the petitioners preferred discharge application before the learned Trial Court vide Exhibit-19 and the same was declined. The petitioners have therefore approached this Court by way of this revision. After narrating the previous proceedings taken place between the parties, it is mainly argued by learned Senior Advocate that admittedly in a case on hand the marriage span is of twelve years and during the last twelve years, no FIR/ complaint or any other proceeding was filed establishing that there was scuffle / dispute between the husband and wife. He would further submit that in view of marriage span of twelve years, the presumption under Section 113-A of the Evidence Act would not arise in the present case.

6. Learned Senior Advocate Mr.Barot would further submit that basic necessity for establishing the offence under Section 306 of IPC, it is essential to establish the offence under Section 107 of IPC. The accused must have done something or has not done something which has direct nexus with the suicide of the deceased and such act or omission of act must have resulted into suicide of the deceased. In the present case, there is no act alleged to have been done by the petitioners/accused in proximity or link with the suicide of the deceased. Learned Senior Advocate would submit that prima fa