The Madhya Pradesh High Court in its order dated May 30, 2024 has acquitted a wife and her family on charges of abetting husband’s suicide, labelling the deceased as ‘hypersensitive’.
The High Court stated that if the wife files a criminal case against the husband and in-laws alleging cruelty, and then the man dies by suicide, the complainant wife cannot be accused of abetting that suicide.
Mumbai Stock Broker Death Case: Wife, Her Brother To Be Booked On Charges Of Abetment To Suicide
Case:
Parties got married in June 2022 as per Hindu Rites and Rituals.
On May 06, 2023, the wife accused her husband and in-laws of dowry harassment and subsequently registered a criminal case against the husband, his mother and his father under Section 498-A, Section 406, Section 294, Section 506, Section 34 IPC and under Section 3/4 of the Dowry Prohibition Act.
Following the criminal complaint against him and his family, the husband died by suicide on May 25, 2023 by consuming some poisonous substance.
The father of the deceased gave a statement that his daughter-in-law had filed a false dowry harassment complaint against them, which led to his son’s suicide. Accordingly, the father filed an FIR against his deceased son’s wife and her parents on charges of abetment to suicide.
Submissions by Wife, Her Family
The wife in her submission stated that she had filed the said criminal cases against her husband and in-laws on account of dowry harassment, mental and physical cruelty towards her. She accused her husband of being an alcoholic who was pressurising her for divorce. The wife also stated that her husband and in-laws repeatedly forced her to bring Rs 5 lakh and a vehicle from her parents, and when she informed them about their poor financial condition, her in-laws abused her, snatched her streedhan and threw her out from her matrimonial home.
The counsel for the wife argued that she had only taken legal recourse against her harassment and thus she cannot be held for abetting her husband’s suicide. He also informed the court that the husband was ‘hypersensitive’ and thus, the wife cannot be convicted for his act of ending life.
Defence by Deceased Husband’s Family
The father of the deceased husband categorically stated that his son kept insisting that his wife should not file a ‘false case’ against him and his family. Witnesses were also examined, who concurred to the statement of the husband’s father. Post this, the police lodged an FIR against the wife and her parents under Section 306 and Section 34 of the IPC for abetment to suicide.
The accused then approached High Court for relief.
READ ORDER | Husband Cannot Be Charged For Abetment To Suicide If Wife Ends Life Due To Separation
Madhya Pradesh High Court
A Single Judge bench of Justice Gurpal Singh Ahluwalia of the Madhya Pradesh High Court referred to the Supreme Court Judgment Shiva Kumar V. State of Karnataka and observed:
Lodging an FIR is in accordance with the law. If a married woman takes legal recourse against her husband and in-laws accusing them of dowry harassment, and if any of the accused dies by suicide, the wife cannot be accountable for abetting their suicide.
Referring to multiple past judgments, the Madhya Pradesh High Court defined ‘instigation’. The Court said:
The word “instigate” denotes incitement or urging to do some drastic or inadvisable action or to stimulate or incite. Instigation is to goad, urge forward, provoke, incite, urge or encourage to do an act.
The High Court quashed the FIR against the wife and her parents, concluding that the matter had been considered in totality and no case of abetment to suicide was made out against the accused.
Section 306 in The Indian Penal Code, 1860
306. Abetment of suicide.—
If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Read Judgement | Supreme Court Acquits Husband As Mere Quarrel On Day Of Wife’s Suicide Is Not Abetment U/s 306 IPC
Voice For Men India Take:
- The law on abetment to suicide is very clear
- However, it is unfortunate that the arrest in such cases largely depends on which gender has died by suicide
- While we have the strictest laws in place, when a married woman ends life under mysterious circumstances within 7-years of marriage, an accused wife is shielded under multiple laws, if her husband has died by suicide even within one year of marriage
- Our message to every married man in India is to learn laws before marriage
- You will not be able to stop false cases by wife, but you and your family can be mentally strong to face any such unforeseen instances after marriage
- There are ways to tackle false 498-A cases as per law, however, the bigger fight here, is not legal, but mental
- We request everyone reading this to please spread awareness amongst all around you, because sooner or later you will get justice from court, but a life once lost cannot be bailed or acquitted
Suicide Prevention Helpline: If you and your family are facing false cases by women, you can get in touch with SIF ONE (Save India Family) Helpline at +91 8882 498 498. This is a free volunteer run helpline for men.
DO WATCH:
NRI Husband Speaks About False Dowry Harassment Cases Despite Him Spending On In-laws Everytime
LEAVE YOUR COMMENTS BELOW:
READ ORDER | Wife Filing Dowry Complaint (#498A) Against Spouse, In-Laws Cannot Be Held For Abetting Husband's Suicide: Madhya Pradesh HC
— Voice For Men India (@voiceformenind) June 6, 2024
▪️Deceased Husband's Father: "My son kept insisting that his wife should not file a 'false case'"#VoiceForMen https://t.co/kZc9VWed7i
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