Smt Padma Vs State of Karnataka

THIS CRL.P IS FILED U/S.482 CR.P.C TO QUASH THE PROCEEDINGS IN S.C.NO.1702/2019 (CR.NO.135/2016) FOR THE ALLEGED OFFENCES P/U/S 498A,306 R/W 34 OF IPC REGISTERED AND CHARGE SHEETED BY THE RESPONDED POLICE i.e., SIDDAPURA POLICE STATION, THE HON'BLE XLV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-46) BANGALORE.

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THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Heard Sri.Afroz Pasha, learned counsel on behalf of Sri.Rajesh S.R., learned counsel for the petitioners and learned High Court Government Pleader for respondent No.1-State and perused the material on record.

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The petitioners, arrayed as accused Nos.2 and 3 in Cr.No.135/2016 of Siddapura Police Station and the charge sheet filed by the Police are seeking to quash the entire proceedings pending in S.C.No.1702/2019 on the file of the 45^th Additional City Civil and Sessions Judge, Bengaluru.

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NC: 2025:KHC:13589 CRL.P No. 2648 of 2021

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The FIR was registered on a complaint lodged

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by the mother of deceased against accused Nos.1 to 3 for the offence punishable under Section 498A of IPC. On completion of investigation, Police filed charge sheet for the offence punishable under Section 498(A) and 306 r/w 34 of IPC.

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The complainant's daughter by name Spoorthi K. given in marriage to accused No.1-Patel C.M., attempted suicide on 10.06.2016 by consuming excessive BP tablets and admitted to the hospital. Alleging harassment in her matrimonial home, her mother Smt.B.Nagaveni lodged a complaint against her husband and parents-in-law. The victim died on 16.06.2016, unable to respond to the treatment. The further statement of the complainant was recorded, wherein she alleged that accused No.1 was addicted to bad vices and subjected her daughter to cruelty and sold her ornaments etc. and even his parents i.e., the petitioners herein instigated him etc.

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NC: 2025:KHC:13589 CRL.P No. 2648 of 2021

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In the FIR it is clearly stated that the victim attempted suicide due to the harassment by her husband at their residence No.122/16, 7^th Main, 2^nd Block, Jayanagar, Bengaluru. In the course of investigation, the statement/dying declaration of the victim was recorded on 12.06.2016. Even in the said statement, there are no allegations against the petitioners. It is also not in dispute that, at the time of incident, the victim was residing along with her husband i.e., accused No.1 and a 7 years old child, separately in the above mentioned address. In the subsequent statement of the complainant, she has made omnibus and vague allegations that whenever the petitioners visited the couple, they too were instigating accused No.1. The said allegation itself is not sufficient to attract the ingredients of Section 498A or 306 of IPC.

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It is well settled that the abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without the positive act on the part of the accused to instigate or aid in

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committing suicide, the ingredients of Section 306 cannot be said to be made out. There should be a clear mens rea to commit the said offence and it also requires direct act showing the reason for the victim to commit suicide. Further, the element of mens rea cannot simply be presumed or inferred; it must be evident and explicitly discernible.

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In the case on hand, neither the FIR contents nor the statement/dying declaration of the victim would prima facie disclose any such allegation against the petitioners, which would attract the ingredients of either Section 498A or Section 306 of IPC. In the light of well settled principles of law and in the facts and circumstances of the present case, the petitioners could not have been charge sheeted for the aforementioned offence. Hence, the proceedings against the petitioners are liable to be quashed.

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It is submitted by the learned counsel for

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petitioners that petitioner No.2/Accused No.3 is no more.

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NC: 2025:KHC:13589 CRL.P No. 2648 of 2021

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Hence, the case insofar as the said petitioner is concerned

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stands abated. For the foregoing reasons, the following:

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ORDER

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i) The entire proceedings against petitioner

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No.1/accused No.2 pending in S.C.No.1702/2019 on the file of the 45^th Additional City Civil and Sessions Judge, Bengaluru (Cr.No.135/2016 of Siddapura

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Police Station, Bengaluru), is quashed .

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