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2019 Supreme(P&H) 3012
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anil Kshetarpal, J.
Neha Khurana - Appellant
Versus
State Of Punjab & Anr. - Respondents
CRM-M No.48500 of 2018 (O&M)
Decided On : 03-10-2019
Mr. Aman Pal, Advocate for the Appellant; Mr. Bhupinder Beniwal, AAG, Punjab. Mr. Rahul Rampal, Advocate For the Respondent No.2
The main legal point established is that for a conviction under Section 306 IPC, there must be clear mens rea and active instigation or intentional aid by the accused.
Headnote:
FIR Quashing - Abetment to Suicide - Section 306 IPC - 107, 306 IPC
Fact of the Case:
The petitioner seeks to quash the FIR, final report, and charge sheet filed against her for abetment to suicide of her late husband. The deceased had allegedly committed suicide due to the petitioner's refusal to return to the matrimonial home.
Finding of the Court:
The court found that the evidence presented did not establish a prima facie case for abetment to suicide under Section 306 IPC. The court highlighted the lack of instigation or intentional aid by the petitioner, as required by the law.
Issues: The key issue was whether the petitioner's actions amounted to abetment to suicide under Section 306 IPC.
Ratio Decidendi: The court emphasized that for a conviction under Section 306 IPC, there must be clear mens rea and active instigation or intentional aid by the accused, which was not established in this case.
Final Decision: The petition to quash the FIR, order framing charge, and charge sheet was allowed, and the same were quashed.
JUDGMENT
Anil Kshetarpal J. (Oral) - By this petition, petitioner Neha Khurana, widow of Late Shri Nitin Kaushal, prays for quashing of FIR No.31 dated 10.02.2007 registered under Section 306 IPC at Police Station Sadar Ludhiana, District Ludhiana, final report and order framing charge dated 14.09.2018 followed by the charge sheet of the same date.
2. Some facts are required to be noticed. The criminal prosecution was set in motion on the application of Chander Shekhar, father of Late Shri Nitin Kaushal, (who allegedly committed suicide on 09.02.2017). First marriage of Nitin Kaushal was solemnized with Meenakshi in the year 2011. However, they could not pull on together, hence got divorced in the year 2014. In that year itself, Late Shri Nitin Kaushal performed love marriage with Neha (petitioner). Since, it was a love marriage, first informant was not in talking terms with Neha and her parents and the couple started residing in a rented accommodation. Late Shri Nitin Kaushal told his mother that Neha is harassing him and left for her parental home without informing him. For the last two months, Neha was living in her parents' house. Late Shri Nitin Kaushal used to request her to come back but she did not return. On 09.02.2017 at 11.30 AM, Late Shri Nitin Kaushal went in Alto Car from home and at 11.40 p.m., mother of Nitin Kaushal received a message from his son that Neha has compelled him to end his life so he is going to commit suicide. Nitin Kaushal is alleged to have finished his life by setting him self ablaze in the car.
3. During investigation, a supplementary statement of the first informant was recorded, in which it was stated that they had gone to take back Neha in the last week of January 2017, who after getting annoyed had gone back to her parental home. At that time, Nitin Kaushal wept but Neha flatly refused to return, by stating that since, Nitin Kaushal keeps questioning her 20-20 times on going out from the house, hence she does not wish to reside with him. She further stated that she would not spend her life according to the whims and fancies of Nitin Kaushal. Whereas Nitin repeatedly said to Neha that if she does not come back, he would finish his life but she did not bother and rather stated that if you want to die tomorrow then better die today itself. She does not have any concern with Nitin.
4. Investigating Agency after completing the investigation submitted a final report under Section 173 Cr. P.C. During investigation, text messages between Late Sh. Nitin Kaushal and Neha (petitioner) were also collected. The alleged suicide note was allegedly sent by a text message by late Shri Nitin Kaushal to his mother, part of the final report, is extracted as under:-
"Thy (sic.) all forced me to die not sending neha my wife back., as she told me she is coming but thy (sic.) send her delhi have left my daughter my 1st wife for her but m killing myself bcoz of them.. despite of our marriage thy want her to marry someone else, have all d call details. M killing myself bcoz of all f them including neha by wife."
5. On perusal of the text messages exchanged between husband and wife, it is apparent that Nitin Kaushal was repeatedly requesting Neha Khurana (petitioner herein) to come back and his complaint was that Neha Khurana in spite of promises is not coming back. On one or two occasions, he had even called upon Neha Khurana to save him. He further texted her that he is living only with a hope and trust that she would not allow him to die.
6. Learned Addl. Sessions Judge, Ludhiana, passed following order framing charge, operative part whereof is extracted as under:-
"3. After considering the respective contentions of the Id. counsel for the parties and going through the file carefully, this court is of the considered view that at this stage, the contentions of the Id. counsel for the accused have got no force as it is well settled law that at the stage of framing of the charge, the Court has to apply its mind to the ques
