[S.306 IPC] Prosecution For Allegedly Instigating Wife To Commit Suicide Can't Be Quashed After Filing Chargesheet: Karnataka High Court

The Karnataka High Court has held instigation or otherwise by a husband for the commission of suicide of the wife can only be deciphered in a full-blown trial after recording evidence.

A single judge bench of Justice M Nagaprasanna while refusing the quash the abatement to suicide charge against Mayukh Mukherjee said “In the life of husband and wife it cannot be said that there should be minimum proximity. The wife being driven to the wall to an extent of commission of suicide cannot happen at the spur of the moment. It is a collection of agony that has resulted in the fateful incident. It is akin to the explosion of a dormant volcano. Instigation or otherwise of a husband for commission of suicide of the wife can only be deciphered in a full blown trial.”

As per the prosecution case, the couple got married in 2021 and shifted to Bengaluru. The relationship between the two turned sour and due to several grievances, the wife committed suicide by hanging herself on 24-02-2023. Two days later the father of the victim registered a complaint against the in-laws and husband of the victim.

On investigation, the police filed its charge sheet only against the husband for the offences punishable under Section 498-A and 306 of the India Penal Code.

The husband seeking to quash the prosecution claimed that the victim was suffering from depression and even in the video of her suicide, she didn't blame anyone in the family and said that no action should be taken against the husband or in-laws as she was committing suicide due to depression.

Further, it was said that there was neither goading, instigation nor proximity to the death of the victim. Similarly, there was not even a single ingredient of demand for dowry in the complaint, except harassment now and then, as noted by the victim in her diary.

The counsel for the complainant opposed the petition saying that the transcript of the audio and the writings of the victim in her diary show the torture of the husband on the wife and him having an extra-marital affair, it is these factors that led the victim to commit suicide.

Findings:

The bench went through the complaint, chargesheet and transcripts of the video of the suicide and said “The wife is crying foul right from the day of marriage or thereafter when they shifted to Bengaluru that the husband had extra-marital affair. If this were to be imaginary, it would have been an altogether different circumstance. The imagination has led to the victim scripting several pages in her diary and also shooting a video of her suicide. All the blame is on the husband.”

Then it held “Goading and instigation could be throughout the days. It is not that the marriage had taken place 10 years ago. The marriage prior to the death of the victim was 24 months old and the video and writings are clear that there was clear instigation on the part of the husband albeit prima facie, at this juncture. These are matters which require a full blown trial.”

It added that the reasons rendered to affirm the offence of Section 306 of the IPC would become applicable to the offence under Section 498A of the IPC as well, as the allegation is cruelty meted out against the wife by the husband.

Accordingly, it dismissed the petition.

Appearance: Senior Advocate Sandesh J Chouta a/w Advocate Pratheep K C for Petitioner. HCGP Thejesh P FOR R1.

Advocate Deepa J for R2.

Citation No: 2024 LiveLaw (Kar) 381

Case Title: Mayukh Mukherjee AND State of Karnataka & ANR

Case No: CRIMINAL PETITION No.9707 OF 2023

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