Case Note & Summary
The petitioner, the husband of the deceased, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the entire proceedings in S.C.No.859/2023 pending before the XLV Additional City Civil and Sessions Judge, Bengaluru. The proceedings arose out of Crime No.47/2023 registered for offences under Sections 498A, 306 read with Section 34 of the Indian Penal Code, 1860. The deceased, Piyali Mukherjee, committed suicide by hanging on 24 February 2023. Her father, the second respondent, lodged a complaint on 26 February 2023 alleging that the petitioner had an extra-marital affair and along with his parents subjected the victim to mental and physical harassment, leading to her suicide. The police investigation dropped the parents of the petitioner and filed a charge sheet only against the petitioner. The matter was committed to the Sessions Court and was posted for framing of charges. The petitioner contended that the victim was suffering from depression, had recorded a video before her death stating that no one was responsible, and that there was no instigation or proximity to the suicide. He placed reliance on the decision of the High Court of Karnataka in David D'Souza v. State of Karnataka (2024 SCC OnLine Kar 47) for the law on abetment of suicide and on the Supreme Court's decision in Achin Gupta v. State of Haryana (2024 SCC OnLine SC 759) regarding the requirements of Section 498A. The respondent opposed the petition, arguing that the victim's diary and audio transcripts revealed continuous harassment, extra-marital affair, and demands, which constituted abetment, and that the matter should go to trial. The High Court heard the submissions and reserved the matter for orders on 19 July 2024, subsequently pronouncing the CAV Order on 9 August 2024.
Issue of Consideration
Whether the criminal proceedings against the petitioner under Sections 498A and 306 of the Indian Penal Code, 1860 are liable to be quashed under Section 482 of the Code of Criminal Procedure, 1973 for lack of prima facie case and absence of essential ingredients of the offences.
Case Details
2024 LawText (KAR) (08) 15
Criminal Petition No.9707 of 2023
Sandesh J. Chouta (Senior Advocate) with Pratheep K.C. for Petitioner; Thejesh P. (High Court Government Pleader) for Respondent No.1; Deepa J. for Respondent No.2
State of Karnataka, Pronab Kumar Sharma
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Nature of Litigation
Criminal petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of proceedings in S.C.No.859/2023 for offences under Sections 498A, 306 and 34 of the Indian Penal Code, 1860.
Remedy Sought
The petitioner sought quashing of the entire proceedings in S.C.No.859/2023 pending before the XLV Additional City Civil and Sessions Judge, Bengaluru.
Filing Reason
The petitioner was the sole accused in the case alleging abetment of his wife's suicide and dowry harassment. He contended that the victim was suffering from depression and had exonerated him in a video left before her death, and that no demand for dowry was made.
Previous Decisions
The police investigated and filed a charge sheet, dropping the petitioner's parents and only charging the petitioner. The case was committed to the Sessions Court and posted for framing of charges.
Issues
Whether the allegations in the complaint and charge sheet make out the essential ingredients of the offences under Sections 498A and 306 of the Indian Penal Code, 1860.
Whether the criminal proceedings are liable to be quashed under Section 482 of the Code of Criminal Procedure, 1973 for lack of prima facie case.
Submissions/Arguments
Petitioner argued that the victim was suffering from depression and had recorded a video before her suicide stating that no one was to be blamed, indicating absence of instigation or goading. He relied on David D'Souza v. State of Karnataka to contend that the necessary proximity for abetment under Section 306 IPC was missing.
Petitioner further contended that there was no demand for dowry or cruelty related to dowry, thus no offence under Section 498A IPC was made out, placing reliance on Achin Gupta v. State of Haryana.
Respondent argued that the victim's diary and audio transcripts recorded during her lifetime revealed continuous harassment by the petitioner, his extra-marital affair, and specific instances of cruelty, which constituted abetment to suicide.
Judgment Excerpts
the victim by herself was suffering from depression. She has shot a video of her suicide, transcript of which clearly indicates that she is blaming none in the family.
the issue in the lis stands completely covered by what this Court has held in DAVID D’SOUZA v. STATE OF KARNATAKA
In the death note, my daughter Piyali has mentioned of physical harassment also by the family which is his father Debabrata Mukherjee and mother Swati Mukherjee and Mayukh himself.
Procedural History
The marriage between the petitioner and the victim took place on 05 February 2021. The victim committed suicide by hanging on 24 February 2023. The complainant, the victim's father, lodged a complaint on 26 February 2023 against the petitioner and his parents, alleging abetment of suicide due to harassment and extra-marital affair. The police registered Crime No.47/2023 for offences under Sections 498A, 306 and 34 IPC. Upon investigation, the police dropped the parents of the petitioner and filed a charge sheet only against the petitioner. The case was committed to the Sessions Court and numbered as S.C.No.859/2023. The Sessions Court posted the matter for framing of charges on 23 August 2023. The petitioner filed Criminal Petition No.9707/2023 under Section 482 Cr.P.C. before the High Court of Karnataka seeking quashing of the proceedings. The High Court heard the matter and reserved orders on 19 July 2024, and pronounced the CAV Order on 9 August 2024.
Acts & Sections
- Indian Penal Code, 1860: 498A, 306, 34, 107
- Code of Criminal Procedure, 1973: 482
