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  • Wednesday, 05 October 2022
The Gujrat High Court : Comes To Rescue Of Parents-In-Law Who Were Accused Of 'Abetment To Suicide' Of Their Deceased Daughter-In-law Section 306 Indian Penal Code Without Any 'Active Role'

The Gujrat High Court : Comes To Rescue Of Parents-In-Law Who Were Accused Of 'Abetment To Suicide' Of Their Deceased Daughter-In-law Section 306 Indian Penal Code Without Any 'Active Role'

The Gujrat High Court : Comes To Rescue Of Parents-In-Law Who Were Accused Of 'Abetment To Suicide' Of Their Deceased Daughter-In-law Section 306 Indian Penal Code Without Any 'Active Role'

 

Recently the Gujarat High Court in relief to Parents-in-Laws who were accused of 'abetment to suicide' of their deceased daughter-in-law has noted that 'active role' is necessary to establish charges under Section 306 of Indian Penal Code.

 

 

 

 

 

The single-judge bench of Justice Ilesh Vora was hearing an application under Section 438 of Criminal Procedure Code praying for anticipatory bail in connection with an FIR for offences under Sections 306, 498-A and 114 of Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition Act.

The applicants herein were the father-in-law and the mother-in-law of the deceased who were accused of harassing the deceased by demanding dowry and subjecting her to cruelty in petty domestic issues. The deceased committed suicide at her matrimonial home by hanging herself. 

 

 

 

 

 

 

 

Learned Advocate for the applicants submitted that the facts of the case do not constitute the offence punishable under Section 306 of IPC as there is no specific allegation that, the applicants have instigated or abetted the deceased to commit suicide. So, he submitted that prima facie no offence under Section 306 of Indian Penal Code is made out. He further submitted that the applicants being in-laws of the deceased have not played any role so far the allegation of commission of the offence of cruelty and demand of dowry is concerned. The husband – accused No.1 has been arrested and he is behind the bar. It is therefore, submitted that, before marriage and thereafter, deceased was suffering the illness of depression and considering the age of the applicants, discretion may be exercised in their favour by granting pre-arrest bail by imposing appropriate terms and conditions.

 

 

 

 

 

Learned Counsel appearing for the original informant submitted that marriage span is of four months and therefore, it can be inferred that, the deceased was subjected to cruelty by the accused. He further submitted that, the applicant No.1, who is father in law of the deceased demanded cash amount from the informant and accordingly, Rs.4 lakhs on different occasion in the bank account was deposited and at the time of marriage, they had given cash and gold ornaments and other gifts as per their demand, however, the accused abused the deceased and tortured her mentally and physically by constant demand of dowry. In this background facts, it is, therefore, submitted that, the applicants have committed an offence of abetment as contemplated under Section 107 of the IPC and therefore, prima facie, the involvement of the applicants for the alleged offence of Section 306 of Indian Penal Code is made out.

Learned Additional Public Prosecutor appearing on behalf of the respondent – State adopting the arguments advanced by learned counsel for the informant contended that, no case is made out for the exercise of power to grant anticipatory bail as the offence alleged is serious and grave in nature affecting the society at large. It is therefore submitted that, no case is made out for granting anticipatory bail.

 

 

 

 

 

 

 

 

The Court opined that in the FIR, general allegations being alleged for demand of dowry and cruelty, without there being any specific instances and allegations against the applicants.

The Court thus noted the considering the facts and circumstances of the case and the role attributed to the present applicants, factors and parameters, necessary to be considered for adjudication of anticipatory bail, without commending on merits of the case, case is made out for exercise of power to grant anticipatory bail and therefore, this Court finds that it is a fit case to grant pre-arrest bail.

 

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The Gujrat High Court : Comes To Rescue Of Parents-In-Law Who Were Accused Of 'Abetment To Suicide' Of Their Deceased Daughter-In-law Section 306 Indian Penal Code Without Any 'Active Role'

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