The Karnataka High Court has recently dismissed the abetment to suicide charges filed against a man accused of causing the suicide of his friend’s wife by making false allegations about her character.
In a ruling by Justice M Nagaprasanna, a single judge bench observed that none of the necessary elements to establish an offense punishable under Section 306 of the Indian Penal Code (IPC) were present. The court stated that for an offense to be punishable under Section 306, the ingredients outlined in Section 107 of the IPC, which deals with abetment, must be satisfied.
The deceased woman’s mother had accused her son-in-law (accused No.1) and the petitioner (the husband’s friend) of being responsible for her daughter’s death. However, the petitioner argued that the complaint and the summary of the charge sheet failed to indicate any elements of the offense under Section 306 of the IPC.
The prosecution opposed the plea, contending that the offense alleged was serious and fell under Section 306 of the IPC, and therefore, the petitioner should face trial.
The court held that the petitioner, being a friend of accused No.1 and not a family member, could not be charged under Section 498(A) of the IPC. Upon reviewing the complaint and charge sheet, the court concluded that none of the necessary ingredients for establishing an offense under Section 306 of the IPC were present.
The court referred to relevant case precedents, including Kanchan Sharma v. State of Uttar Pradesh (2021) and S.S. Chheena v. Vijay Kumar Mahajan (2010), which emphasized that abetment requires an active or direct act intended to push the deceased to commit suicide.
Considering the facts and circumstances of the case, the court concluded that the abetment required for an offense under Section 306 of the IPC was absent. Consequently, the court allowed the petitioner’s plea, noting that the trial, if continued, would likely result in the petitioner’s acquittal due to the lack of necessary elements.
