"Vague Allegations": Calcutta High Court Quashes Case Against Man Accused Of Abetting Wife's Suicide Over Dowry Demand

The Calcutta High Court has quashed a case for abetment of suicide against a man who was accused of abetting his wife's suicide after 15 years of marriage, over the demand of dowry.

Justice Ajoy Kumar Mukherjee noted that the accused man had been married to the deceased for nearly 15 years, and they had two children together. However, when the deceased committed suicide in 2021, he was accused of abetting the same due to his alleged demand of dowry by her family.

In quashing the case against the accused, the court noted: "It appears from the record that the sister of defacto complaint/opposite party no.2 committed suicide after 14 to 15 years of marriage. It further appears from the statement recorded under section 164 of the Code of Criminal Procedure that the daughter of the victim lady made statement that none of the family members of the petitioner are responsible for the death of her victim mother."

"That apart at the time of alleged incident the husband/petitioner no.1 was not present at the place of occurrence and he was at his work place. In fact there appears no incriminating material in the record or in the case dairy that the accused petitioner no. 1 to 4 abated or directly instigated to commit suicide," it added. 

The court also held that none of the ingredients required to constitute abutment of suicide under Section 306 IPC were met in the present case. 

"In the present case there is no allegation of either direct or indirect incitement to the commission of such offence of abatement to commit suicide."

The petitioner sought for quashing of the criminal proceeding pending against him under sections 498A/306/34 of the Indian Penal Code read with section 3 & 4 of the Dowry Prohibition Act.

It is alleged in the FIR that the marriage ceremony between sister of the defacto complainant/victim and the accused petitioner no.1 was solemnized about 14-15 years back and the victim was subjected to mental and physical torture. 

It was stated that the father of the defacto complainant on 19.03.2021 handed over Rs. 5 lakhs to the petitioner no.1 / accused person and his wife being the victim lady( since deceased) but inspite of such payment the accused petitioner put pressure to bring additional dowry of Rs. 5 lakhs.

On 19.04.2021, in the evening the accused persons informed the defacto complainant over telephone that the victim lady, who is the wife of accused no.1, has committed suicide. However the defacto complainant submitted that the accused/petitioners killed his sister by strangulation and had hanged her.

Petitioners contended that no complaint of torture either mentally or physically has ever been made during their long matrimonial life for about 15 years. Moreover the daughter of the victim in her statement made before police and also before judicial magistrate while examined under section 164 Cr.P.C., has narrated the incident and has also clearly stated that her mother was suffering for psychiatric disorder and on several occasions, the victim lady was treated by different psychiatrists.

Counsel for the petitioner further argued that in the post mortem report, no injury has been detected. Moreover the medical documents annexed with the Application clearly suggests that she was suffering from acute mental illness and was treated by doctors.

It was further submitted that during pendency of the present proceeding the petitioners/accused persons and the opposite party/defacto complainant have amicably settled their dispute and to that extent they have executed one Memorandum of Understanding, wherein it has been stated that for the benefit and welfare of the two children of the victim and for maintaining their future welfare, both parties agreed to the terms of compromise and therefore prayed for quashing instant criminal proceeding.

Accordingly, the court found that none of the necessary ingredients of Section 306 IPC had been satisfied in the present case. It held:

"It is settled law that the ingredients to constitute an offence under section 306 of IPC would stand fulfilled if the suicide is committed by the deceased due to direct and alarming incitement by the accused leaving no option but to commit suicide. The test that the court should adopt in this type of cases is to make an endeavor to ascertain on the basis of materials on record, whether there is anything to indicate even prima facie, that the accused intended the consequence of the act i.e. suicide."

Thus, the case was quashed.

Case: Abbas Uddin Sekh @ Abbasuddin Sk. @ Apel Sk. & Ors. Versus The State of West Bengal and Anr.

Case No: CRR 86 of 2022

Citation: 2024 LiveLaw (Cal) 277

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