The Bombay High Court dismissed a petition filed by the husband and in-laws of the deceased, Ms. Harshal, seeking the quashing of an FIR under Sections 498-A, 306, 323, 504, 506 read with Section 34 of the Indian Penal Code (IPC). The court held that the facts in the FIR, including allegations of mental and physical cruelty, harassment for dowry, and the threat of divorce, were sufficient to justify prosecution. It was observed that there was close proximity between the alleged acts and the suicide of the deceased, and therefore, the FIR cannot be quashed at this stage.

Para 1:

• Rule made returnable forthwith: By consent, the application was finally heard. The Applicants sought quashing of FIR No. 383 of 2023 for offences under Sections 498-A, 306, 323, 504, 506 read with 34 of the IPC.

Para 2:

• FIR details: FIR filed by Respondent No.2, father of deceased Ms. Harshal, against her husband and in-laws alleging cruelty and harassment, leading to her suicide.

Para 3:

• Allegations by the Respondent: The Applicants (husband, father-in-law, and mother-in-law) allegedly subjected Ms. Harshal to mental and physical cruelty. She was made to perform all household chores without assistance. Instances of ill-treatment were conveyed to her parents, but they advised her to adjust.
  • Harassment after marriage: Husband and in-laws demanded the transfer of property from Harshal’s parents. Verbal abuse and threats were frequent.

Para 3.4:

• Suicide details: On 28th May 2023, after a phone call where her husband indicated his intent to divorce her, Harshal committed suicide.

Para 5:

• Defense arguments: Applicants’ counsel argued that the couple had been living separately for three months before the incident, and the FIR was filed with a delay of twenty days. They contended there was no ill-treatment or dowry demand that could be linked to the suicide.

Para 6:

• Respondent’s opposition: Respondent No.2 pointed out specific allegations of cruelty and argued for a full investigation and trial under Section 113-A of the Indian Evidence Act, which presumes abetment in suicides occurring within two years of marriage.

Para 9:

• Court’s assessment of facts: The court noted that the FIR contained serious allegations of continued mental and physical harassment. The Applicants had subjected the deceased to cruelty both in her matrimonial home and after relocating to Bangalore.

Para 10:

• Abetment of suicide: Section 306 IPC deals with abetment of suicide. The Court analyzed whether the Applicants’ conduct amounted to instigation under Section 107 IPC.

Para 12:

• Supreme Court precedent: Referred to the Mohit Singhal v. State of Uttarakhand case, where it was held that instigation must have a strong causal link with the act of suicide. The Applicants’ actions showed such proximity to the deceased’s suicide.

Para 13:

• Allegations of dowry harassment: The FIR indicated that demands were made for the transfer of the flat owned by the deceased’s parents, coupled with regular abuse and threats of divorce.

Para 14:

• Court’s conclusion: The court held that the allegations warranted a complete investigation and trial, dismissing the petition for quashing of the FIR. The court found sufficient prima facie evidence that the Applicants’ actions led to the suicide.

Legal Provisions Discussed:

1. Indian Penal Code (IPC)

   • Section 498-A: Cruelty by husband or relatives of husband.
   • Section 306: Abetment of suicide.
   • Section 323: Voluntarily causing hurt.
   • Section 504: Intentional insult with intent to provoke breach of the peace.
   • Section 506: Criminal intimidation.
   • Section 34: Acts done by several persons in furtherance of common intention.

2. Indian Evidence Act, 1872

   • Section 113-A: Presumption regarding abetment of suicide by a married woman within seven years of marriage.
   • Section 113-B: Presumption as to dowry death.

Ratio Decidendi:

The court determined that the accusations against the Applicants were prima facie established through the FIR, particularly the allegations of cruelty, dowry demands, and abetment to suicide. The proximity between the threat of divorce and the suicide justified continued prosecution. The court emphasized that issues raised in defense by the Applicants could not be considered at this stage and required a full investigation.

Subjects:

• Dowry death
• Abetment of suicide
• Cruelty under Section 498-A
• Indian Penal Code
• FIR Quashing