RIYASAD BEE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been preferred for quashment of the proceeding of Sessions Trial No.110/2012 pending before the Court of Sessions Judge, Hoshangabad under Section 306 / 34 of the IPC.

(2.) The facts giving rise to this petition are that on 16.2.2009 one Nawab Khan, husband of Tameeza Begum committed suicide by throwing himself on a railway track. On intimation, merg was registered as merg no.19/09 under Section 174 of Cr.P.C. During merg inquest, it was revealed that there was a matrimonial dispute between the deceased Nawab Khan and his wife Tameeza Begum and the applicants are close relatives of Tameeza Begum. They were pressurizing and torturing the deceased for getting him separated from his wife, on that count, he was under pressure and ultimately committed suicide. In this regard, he left some notes disclosing the aforesaid facts. On the basis of the result of merg inquiry, Crime No.520/2011 was registered in Police Station Itarsi, District Hoshangabad under Section 306 / 34 of the IPC. After completion of the investigation, charge sheet was filed before the concerned Magistrate who committed the case to the Court of Sessions for trial where the proceeding is pending. Quashment of the aforesaid proceedings is sought on the ground that there are no ingredients in the alleged act to constitute offence punishable under Section 306 IPC because the applicants are the close relatives of the deceased / wife Tameeza Begum and supported Tameeza in the matrimonial dispute with the deceased or even considering that they were provoking Tameeza or insisting the deceased to take divorce from Tameeza, the same facts cannot be considered relevant to the abetment of suicide. For commission of offence under Section 306 IPC, it requires commission of direct or active act by accused which led deceased to commit suicide seeing no other option and such act must be intended to push victim into a position that he commits suicide. In the present case, neither were there any instances of instigation attributable to applicants nor even any allegations thereof. Apart from it, there is no proximate link between the alleged act of insisting or forcing to settle matrimonial dispute in favour of Tameeza Begum as in the so called written notes found after the death of the deceased allegedly written by the deceased have no such contents as there is no specific date mentioned in the written notes. In these circumstances, prosecution of the applicants for commission of the aforesaid offence is misused of the process of the Court and is causing grave injustice to them. Hence, the proceedings be quashed.

(3.) Learned Government Advocate opposed the aforesaid contentions and submitted that there is sufficient material to prosecute the applicants. Hence, the petition be dismissed.