Case Note & Summary
The applicant, Monika Jadhav, an advocate, filed a criminal application under Section 482 CrPC seeking quashing of FIR No. 123/2021 registered at Buldhana City Police Station for offences under Sections 306, 498-A, 323, 504, 506 read with 34 IPC. The FIR was lodged by the mother of the deceased, Pawan, alleging that the applicant, who was in an extra-marital affair with Pawan, abetted his suicide by marrying another person. The court examined the FIR and case diary, noting that Pawan was married to accused No.3 and had an extra-marital affair with the applicant. When the applicant insisted on marriage, Pawan could not oblige due to his subsisting marriage. The applicant then married another person, which caused Pawan mental distress, leading to his suicide. The court found that the applicant's act of marrying another person did not amount to instigation or intentional aid to commit suicide. The deceased's suicide was attributed to his own blunder and pre-existing marital stress. The court held that no prima facie case under Section 306 IPC was made out and quashed the FIR and criminal proceedings against the applicant.
Headnote
A) Criminal Law - Abetment to Suicide - Section 306 IPC - Quashing of FIR - The court considered whether the applicant's act of marrying another person after an extra-marital affair with the deceased constituted abetment to suicide. Held that there was no instigation or intentional aid by the applicant, and the deceased's suicide was due to his own blunder and pre-existing mental stress. The FIR was quashed. (Paras 3-5)
B) Criminal Procedure - Inherent Powers - Section 482 CrPC - Quashing of Criminal Proceedings - The court exercised inherent powers to quash the FIR and criminal proceedings against the applicant, finding that the allegations did not make out a prima facie case of abetment to suicide. (Para 5)
Issue of Consideration
Whether the FIR and criminal proceedings for abetment to suicide under Section 306 IPC against the applicant can be quashed when the deceased committed suicide due to mental stress arising from an extra-marital affair and the applicant's subsequent marriage to another person.
Final Decision
The court allowed the application and quashed the FIR and criminal proceedings against the applicant.
Law Points
- Abetment to suicide
- Section 306 IPC
- instigation
- intentional aid
- mental stress
- extra-marital affair
- FIR quashing
- inherent powers
- Section 482 CrPC
Case Details
2022 LawText (BOM) (06) 99
Criminal Application (APL) No. 686 of 2021
Sunil B. Shukre, G. A. Sanap
Mr. S.S. Doiphode (Addl.P.P. for Non-applicant No.1), Mr. Sagar Thakkar h/f Mr. A.J. Thakkar (for Non-applicant No.2)
Monika D/o Sidharth Jadhav
The State of Maharashtra, Sangita W/o Ajaabrao Jadhav
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR and criminal proceedings for abetment to suicide and other offences.
Remedy Sought
The applicant sought quashing of FIR No. 123/2021 and all consequential proceedings.
Filing Reason
The applicant was accused of abetting the suicide of deceased Pawan by marrying another person after an extra-marital affair.
Issues
Whether the FIR and criminal proceedings for abetment to suicide under Section 306 IPC against the applicant should be quashed.
Submissions/Arguments
None for the applicant.
The State and respondent No.2 opposed the application.
Ratio Decidendi
The act of the applicant in marrying another person after an extra-marital affair with the deceased did not amount to instigation or intentional aid to commit suicide. The deceased's suicide was due to his own blunder and pre-existing mental stress, not attributable to the applicant. Therefore, no prima facie case under Section 306 IPC was made out.
Judgment Excerpts
Upon a careful consideration of the First Information Report (FIR) lodged by Non-applicant No.2 against the Applicant and others and perusing the case diary, we find that this is a case wherein deceased Pawan decided to end of his life on account of the blunder that he committed in his life.
All these facts would only go to show that there was no instigation or intentional aid given by the Applicant to the deceased Pawan to commit suicide.
In the result, the application is allowed. The FIR bearing Crime No. 123/2021 registered with Buldhana City Police Station, District Buldhana for the offences punishable under Sections 306, 498-A, 323, 504, 506 read with 34 of the IPC and all consequential proceedings are quashed and set aside insofar as the Applicant is concerned.
Procedural History
The applicant filed Criminal Application (APL) No. 686 of 2021 under Section 482 CrPC before the Bombay High Court, Nagpur Bench, seeking quashing of FIR No. 123/2021 registered at Buldhana City Police Station. The court heard the parties and passed the judgment on 06.06.2022.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 306, 498-A, 323, 504, 506, 34
- Code of Criminal Procedure, 1973 (CrPC): 482
