An extramarital affair between two consenting adults does not amount to cruelty within the meaning of Section 498A IPC unless the relationship is procured by fraud or deceit.

SANDEEP MEHTA, J.

1. The petitioner Vinod Kumar has approached this Court by way of this revision being aggrieved of the order dated 22.8.2013 passed by the learned Additional Sessions Judge, Dungarpur Camp Sagwara in Sessions Case No. 55/2013 whereby, charges were directed to be framed against him for the offences under Sections 498-A and 306 IPC.

2. Facts in brief are that Smt. Deepika (referred to herein as the deceased) was married to Suresh Chandra Panchal about 12 years before the incident. A son and a daughter were born from her wedlock with Suresh Panchal. She allegedly called her brother Deepak on 14.7.2012 in the morning at about 9:30 AM and complained that her mother-in-law and her husband were quarreling with her and her brother-in-law (Devar) was also threatening that she should either be turned out of the house or killed. Just 15 minutes later, Suresh called him and informed that Deepika had caught fire. On this, Deepak rushed to the Village Diwara Bada and saw the dead body of Deepika lying in the rear courtyard of her matrimonial home. An FIR was lodged by Deepak at P.S Chitari with the specific allegation that his sister was harassed and humiliated by her husband, mother-in-law and Pawan and as a result thereof, she committed suicide. On the basis of this report, an FIR No. 129/2012 was registered for the offences under Sections 498-A and 306 IPC and investigation commenced. During course of investigation, the I.O collected evidence to the effect that the deceased was carrying on an affair with the present petitioner who happens to be a cousin brother of Suresh. She went missing upon which Suresh got a search warrant issued from the Court of S.D.M, Sagwara and in pursuance thereof, the lady was traced out on 12.7.2012 As desired by her, she was allowed to go with her husband. The first informant, upon being examined under Section 161 Cr.P.C resiled from the allegations set out in the FIR and stated that the FIR had been lodged against the husband and in-laws on an impulse and as a matter of fact, the deceased had committed suicide because she felt grave ignominy on account of her seduction by Vinod. He further alleged that Vinod had done some black magic on his late sister and as a result, she committed suicide. Similar allegations were leveled by Suresh Chand husband of the deceased, Smt. Santok her mother-in-law, Geeta and numerous other witnesses examined during investigation. These witnesses also alleged that accused forcibly put a sim in Deepika's mobile and also did some black magic on her and as a result thereof, she became mentally perturbed. She was very troubled because of the situation created by the disclosure of her relations with the petitioner and as a result, feeling ashamed, she committed suicide. In view of these statements, the I.O filed a charge-sheet against the petitioner for the offences under Sections 498A and 306 IPC.

3. The trial Court drew the following inferences and directed framing of charges against the petitioner as above:—

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