The Aurangabad Bench of the Bombay High Court not too long ago quashed an abetment to suicide FIR in opposition to the family of a person whose spouse ended her life, noting that the allegations had been “sweeping in nature”.
The father of the deceased, within the FIR in opposition to the person recognized as Sayyed Lal Amir Sayyed and his family, stated his daughter acquired married in 2011. The FIR acknowledged that after two months of marriage, the lady’s father-in-law introduced her again to her father’s residence, alleging that she was not working correctly at residence and back-answering. The deceased’s father claimed that his daughter had instructed him about her husband getting drunk day-after-day and abusing her. Further, it was additionally acknowledged that the in-laws subjected her to ill-treatment as a result of she didn’t convey dowry of Rs 50,000.
It was additional alleged that the husband’s family visited the deceased’s matrimonial residence and stated he ‘could have gotten a better girl’ and if the quantity of Rs 50,000 was not met, the lady ought to be pushed out of the home.
Subsequently, when the lady was pushed out of the home, she hanged herself and an FIR was registered.
The advocate for the candidates argued that the allegations had been petty and normal in nature. He knowledgeable the court docket that there was no demand, ill-treatment, or taunting nor was there any bodily or psychological ill-treatment. He submitted that the FIR was an try and falsely implicate the person and his mother and father after greater than 6-7 years of marriage. Further, he argued that there was no abetment or harassment which was of such nature that might compel the deceased to die by suicide.
The Additional Public Prosecutor opposed the applying and argued that the deceased often knowledgeable her father about ill-treatment by her husband and in-laws. He additionally submitted that she was subjected to psychological and bodily cruelty and that the husband suspected her character. He submitted that the continual demand of Rs 50,000 and subsequent ill-treatment as she didn’t convey the cash led her to take her personal life.
During the admission stage, the court docket comprising Justice Vibha Kankanwadi and Justice Abhay Waghwase expressed its inclination to not grant reduction to the husband and his mother and father after which the applying for quashing FIR in opposition to the husband and his mother and father was withdrawn.
With regard to the applying for quashing FIR in opposition to the family, the court docket stated that the allegations had been sweeping in nature and the alleged utterance is attributed to all in refrain. Further, it was not talked about within the FIR precisely when the family visited the matrimonial home. The FIR solely reveals that the family got here to the home and raised quarrels by giving a monotonous assertion with out specifying the small print.
The court docket stated, “To attribute abetment, in our considered opinion, the exact time and date of visit of such applicants was essential, more particularly, to connect them to suicidal hanging. Proximity of their visit to the house of deceased and alleged suicide was very crucial to hold them liable for the offence of abetment of suicide. What exactly happened and who played which role on the date of incident is conspicuously missing from FIR as well as statements of witnesses recorded under Section 161 of Cr.P.C”
While highlighting the necessities of the offense underneath Section 306 of the IPC, the court docket stated steady harassment, instigation, and abetment coupled with ‘mens rea’ (legal intent) just isn’t surfacing from the document.
The order reads: “Likewise even as regards to commission of offence under Section 306 of IPC is concerned, there is solitary incident alleging that they visited house of husband and deceased and said that accused husband could have been married to a better girl and she should be asked to bring money. The very essential for attracting offence under Section 306 of IPC i.e., continuous harassment, instigation, abetment coupled with mens rea is not surfacing from the record.”
The excessive court docket, whereas granting reduction to the family, stated:“Making them face trial with such quality and nature of evidence in our considered opinion, would amount to subjecting them to injustice. It is a clear abuse of process of law only as against them. For ends of justice to meet, therefore, we are inclined to grant relief to applicant Nos.4 to 7. The cumulative effect of available material on record impels us to extend the relief sought by them”.
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