The Karnataka High Court on Monday refused to quash an FIR against Nikita Singhania, estranged wife of Atul Subhash for abetting his suicide. The High Court orally observed that prima facie charges of abetment to suicide were made out against Nikita.
Case:
Atul Subhash (34), Bengaluru based techie, died by suicide on December 09, 2024, leaving a detailed note and video accusing his wife and in-laws of harassment and alimony extortion. The estranged couple had an ongoing legal battle over divorce, alimony, and child custody in a family court in UP’s Jaunpur district.
After a nation wide uproar not just on Atul Subhash’s suicide, but also on grossly unfavourable matrimonial laws against Indian men, an FIR was finally lodged against Nikita, her mother Nisha Singhania and brother Anurag Singhania. Nikita’s uncle Sushil Singhania had also been booked for Atul’s abetment to suicide, however, on December 17, 2024, the Allahabad High Court had granted him anticipatory bail.
While the other three accused were granted bail by a court in Bengaluru on Saturday, this morning, the Karnataka High Court has taken a different view.
Karnataka High Court
While appearing in the High Court today, the counsel for the petitioners argued that no ingredients were made out in the complaint for registering a case of abetment under Section 108 read with Section 3(5) of Bhartiya Nyaya Sanhita.
The counsel emphasised that petitioners have a right to seek legal remedies and they cannot be booked for abetment merely for the reason of lodging a case against the deceased.
It was also argued that the complaint did not speak of any action committed by the petitioners which would show cause of abetment.
A single judge Justice S R Krishna Kumar refused to stay further investigation in the matter. As per Livelaw report, while remarking in the matter orally, he said:
Where is the question of short-circuiting investigation in such a matter, why don’t you want the investigation to happen?
The bench further remarked that alleged offence were stated in the complaint in detail. It stated:
Are you saying no ingredients of abetment to suicide are made out in the complaint? Details are given, everything is given. Look at the FIR, the complaint and say what is missing?
What more details should have been given, everything is given for abetment of suicide…In this complaint details are forthcoming. According to me, the necessary ingredients are made out and prima facie at the 482 stage, what more should I look at.
The High Court accordingly issued notice to the respondents and directed them to file their objections. Next date in the matter is will be after two weeks. On the other hand, the prosecution has been directed to produce the material collected during investigation.
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#BREAKING #AtulSubhash Case: Karnataka HC Refuses To Quash FIR Against Estranged Wife #NikitaSinghania
▪️Justice S R Krishna Kumar: "According to me, the necessary ingredients are made out & prima facie at the 482 stage, what more should I look at"https://t.co/Z3k3BU5gt5
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