Case Note & Summary
The applicant, Smt. Rakhi Rajkumar Giri, wife of the deceased Rajkumar Santosh Giri, filed a criminal application under the inherent jurisdiction of the Bombay High Court at Nagpur Bench seeking quashing of FIR No.160 of 2017 registered at Police Station Ladkhed on 13 July 2017. The FIR was lodged by the respondent no.2, Anutai Santoshrao Giri, mother of the deceased, alleging that the applicant abetted the suicide of her husband under Section 306 of the Indian Penal Code, 1860 (IPC). The deceased and applicant were married in 2011 and had no children, leading to the adoption of a three-year-old boy named Rohit. The deceased worked as a Clerk in the Health Department. The FIR alleged that the applicant insulted the deceased for not conceiving, causing mental torture and frequent quarrels. It further alleged that the applicant had an intimate relationship with a neighbour, Rahul Chavan, and that she drove the complainant out of the house and threatened her. On 14 May 2017, the deceased's body was found in a well on a field owned by Balwant Jadhav. The complainant claimed that the applicant's behaviour abetted the suicide. The applicant's counsel argued that the FIR contents did not disclose any offence under Section 306 IPC as there was no instigation, abetment, or aid to commit suicide. The court examined the FIR and found that the allegations, even if taken at face value, did not establish any direct or indirect act of instigation or intentional aid by the applicant that led to the suicide. The court noted that mere strained marital relations, insults, or extra-marital affairs, without a proximate link to the suicide, do not constitute abetment under Section 306 IPC. Consequently, the court quashed the FIR and all proceedings arising from it, allowing the application.
Headnote
A) Criminal Law - Abetment of Suicide - Section 306 IPC - Quashing of FIR - Allegations of insult due to infertility and extra-marital relationship do not amount to instigation or abetment to suicide - Court held that for abetment under Section 306 IPC, there must be a direct or indirect act of instigation, conspiracy, or intentional aid, and mere strained marital relations or harassment without proximate link to suicide is insufficient - FIR quashed (Paras 1-4).
Issue of Consideration
Whether the allegations in the FIR constitute an offence under Section 306 of the Indian Penal Code, 1860 (IPC) for abetment to suicide, warranting quashing of the FIR.
Final Decision
Application allowed. FIR No.160 of 2017 registered at Police Station Ladkhed and all proceedings arising therefrom are quashed.
Law Points
- Abetment of suicide requires instigation
- conspiracy
- or intentional aid
- mere harassment or strained marital relations insufficient
- FIR quashed if no prima facie case under Section 306 IPC
