Lodging an FIR for dowry harassment does not constitute abetment to suicide, as it is a lawful act of seeking justice, requiring clear evidence of instigation for conviction under Section 306 IPC.

ORDER :

This application under Section 482 of Cr.P.C. has been filed seeking following reliefs:

“It is, therefore, prayed that this Hon’ble court may kindly be pleased to Quash the FIR, subsequent charge-sheet and consequential proceedings bearing crime no.295/2023 (Annexure A/2) dated 15.07.2023 lodged before P.S. Suatla District Narsinghpur (M.P.) in the interest of justice.”

2. It is the case of the applicants that applicant No.1 is the wife of deceased Manish Lodhi. On 06.05.2023, she lodged an FIR against Manish Lodhi (husband), Smt. Ramwati Lodhi (mother-in-law) and Pramod Lodhi (father-in-law) for offence under Sections 498-A, 406, 294, 506 read with Section 34 of IPC at Police Station Rahatgarh, District Sagar, which was registered as Crime No.289/2023. The Police after investigating the matter, filed the charge sheet against her husband Manish Lodhi as well as Pramod Lodhi and Smt. Ramwati Lodhi for offence under Sections 498-A, 406, 294, 506, 34 of IPC and under Section 3/4 of Dowry Prohibition Act. It was specifically alleged by applicant No.1 that she got married to Manish Lodhi on 12.06.2022 as per Hindu rights and rituals and her parents had given sufficient dowry in accordance with their financial condition. However, Manish Lodhi and her parents-in-law used to abuse her frequently and were treating her with cruelty on the ground that her parents have given less dowry. They were also insisting that applicant No.1 should bring an amount of Rs.5 Lakhs, gold chain and a vehicle and only then they will keep her properly. Her husband was also an alcoholic and on this issue he also used to harass her physically and mentally. When she did not listen to the illegal demands made by her husband and her in-laws, then they are pressurizing her to take divorce. On 24.04.2023 again her husband and parents-in-law started pressuring to talk to her parents to bring an amount of Rs.5 Lakhs and vehicle. When applicant No.1 informed her in-laws that financial condition of her parents is not such where they can satisfy the demand of in-laws, then she was beaten by her husband, parents-in-laws and she was filthily abused and after snatching all her stridhan, she was turned out of her matrimonial house. Her in-laws were also abusing her parents and also extending a threat to kill her. On earlier occasion she had made a complaint against her husband and parents-in-laws and now they are threatening the applicant No.1 and her parents that either they should fulfill their demand or should go for divorce and thus, the FIR was lodged for taking action against her husband and her parents-in-laws.

3. It is submitted by counsel for applicants that on 25.05.2023, Manish Lodhi committed suicide by consuming some poisonous substance. The statements of witnesses were recorded. It was alleged by father of the deceased that deceased was insisting that his wife should not lodge a false case against him. All the witnesses have stated that the deceased had committed suicide on account of registration of criminal case under Section 498-A of IPC, which according to the deceased was a false case. Therefore, the Police has registered the offence under Sections 306, 34 of IPC against the applicants. Applicant No.1 is the wife of deceased Manish Lodhi, whereas applicant No.2 is the mother of applicant No.1 and applicant No.3 is the father of applicant No.1 i.e. mother-in-law and father-in-law of the deceased Manish Lodhi.

4. Challenging the impugned FIR, it is submitted by counsel for applicants that even if the entire allegations are accepted on their face value, then it would be clear that no offence under Section 306 of IPC would be made out. It is submitted that applicant No.1 was subjected to cruelty and if she lodged an FIR thereby taking the legal recourse against her in-laws, then it cannot be said that applicants had in any manner abetted the deceased to commit suicide. It is further submitted that if the deceased was of hypersensitive in nature, then th