LACK OF DETAILS CANNOT AMOUNT TO QUASHING OF AN FIR

11th April 2021

Bombay HC heard a matter u/s 482 of CrPC for quashing of an FIR by Jayshree (wife), accused of abetting the suicide of her husband.

FACTS

An FIR was filed in 2019 by Jayshree's brother in law against the Petitioner/wife (Jayshree) under sec 306 of IPC for abetting her husband's suicide. Jayshree's brother in law submitted that it was their second marriage, and Ratan had two children from his first marriage. The further stated that the Petitioner used to quarrel on petty reasons frequently. In February 2019, Ratan was found hanging to a neem tree; two suicide notes were found, which suggested that Ratan had committed suicide due to the frequent quarrels picked up by Jayshree.

Arguments

Counsel appearing for Petitioner claimed that there was only four months difference between the marriage and suicide. In order to hold the petitioner guilty under sec 306, it is necessary to prove abetment. The allegations in the FIR were very vague and had not mentioned details of quarrels. Through the FIR, it cannot be gathered that Jayshree instigated the suicide.

Decision

The Bombay HC stated that FIR is not an encyclopedia; it is merely a report by the informant. Just because the details of quarrels were not mentioned in the FIR, it cannot be inferred that it had no nexus with suicide. Hence, the petition to quash the FIR is rejected.

Author: Papiha Ghoshal

PC: New Indian Express