Case Note & Summary
The present application was filed by Bharatbhai Nagabhai Modhwadiya under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. CR-1 16 of 2018 registered with Bagavadar Police Station, District Porbandar, for offences punishable under Sections 498-A and 306 of the Indian Penal Code, 1860. The FIR alleged that the applicant, who is the husband of the deceased Bhartiben, subjected her to constant torture and harassment, leading to her suicide. The applicant contended that the deceased was suffering from a mental disorder, specifically schizophrenia, and that after their marriage in 2005-06, they moved to the UK. The applicant argued that the complainant did not disclose the deceased's mental condition, and upon arriving in the UK, he discovered her illness. The deceased had filled out forms in the UK disclosing her illness as 'schizo/effective low mood' and had made accusations of domestic violence against the applicant on 23.04.2007, leading to his detention by police for three hours before being released with the help of a Crisis Team. From 20.04.2007, the applicant started living separately from the deceased, who resided with her mother in the UK. The applicant filed a divorce petition in Leicester on 11.09.2007. During the pendency of those proceedings, the deceased came to India and committed suicide on 20.02.2008 at around 6:00 pm. The applicant submitted that on the day of the incident, he was not in the country, and therefore, continuation of the proceedings would be harassment. The police had submitted a summary report ('A' summary) on 04.07.2011 to the learned Magistrate at Porbandar, stating that the applicant was not available and recommending acceptance of the summary. The court considered the submissions and noted that the deceased had a history of mental illness and that the applicant was not present in India at the time of suicide. The court held that there was no proximity between the alleged acts of the applicant and the suicide, and that the ingredients of Sections 498-A and 306 IPC were not made out. Consequently, the court allowed the application and quashed the FIR.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - FIR under Sections 498-A and 306 IPC quashed where husband was not present in India at the time of suicide and deceased had a history of mental illness - Held that continuation of proceedings would be an abuse of process of law (Paras 1-6). B) Indian Penal Code - Abetment of Suicide - Section 306 IPC - Proximity Requirement - For abetment of suicide, there must be a direct act of instigation or proximity between the alleged act and suicide - In absence of any evidence that husband instigated or was present, FIR quashed (Paras 3-6). C) Indian Penal Code - Cruelty by Husband - Section 498-A IPC - Mental Illness of Deceased - Allegations of cruelty not substantiated where deceased suffered from schizophrenia and had made false accusations of domestic violence in the UK - Held that no prima facie case made out (Paras 3-6).
Issue of Consideration
Whether the FIR under Sections 498-A and 306 IPC should be quashed when the husband was abroad at the time of suicide and the deceased suffered from mental illness.
Final Decision
The application is allowed. The FIR being CR-1 16 of 2018 registered with Bagavadar Police Station, Dist. Porbandar for the offences punishable under Sections 498-A and 306 of the IPC is hereby quashed and set aside.
Law Points
- Quashing of FIR
- Section 482 CrPC
- Section 498-A IPC
- Section 306 IPC
- Abetment of suicide
- Proximity requirement
- Mental illness
- Summary report
