The Court dismissed a petition to quash an FIR under Section 306 IPC lodged against a wife and others for alleged abetment of her husband's suicide. Ruling that no compromise is possible with a dead person, it found no ground for quashment.
Petition for quashing the FIR on grounds of compromise and merits was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
In The High Court for the States of Punjab and Haryana At Chandigarh
CRM-M-1054-2022 (O&M) Date of Decision:- 1.4.2022
Neelam Devi and another
… Petitioners
Versus
State of Punjab and another
... Respondents
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:Mr. Baljinder Singh, Advocate, for the petitioners. *****
GURVINDER SINGH GILL, J . (Oral)
The petitioners have approached this Court seeking quashing of FIR No.165, dated 29.6.2021, Police Station Model Town, District Hoshiarpur, under Section 306 IPC (Annexure P-1) on the basis of compromise.
Today at the very outset, learned counsel for the petitioners submitted that apart from the grounds of compromise, he may also be permitted to canvas his grounds for quashing of FIR on merits as well.
I have heard the learned counsel for the petitioners.
A perusal of the FIR would show that the same was lodged by father of the deceased Avtar Chand. It is alleged that Avtar Chand was married to Neelam Devi (petitioner No.1) about 14 years back. It is further
MOHAN SINGH 2022.04.01 17:15 I attest to the accuracy and integrity of this document
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alleged that about 2 months back, differences had cropped up between Avtar Chand and his wife Neelam Devi because she used to unnecessarily doubt that Avtar Chand was having illicit relations with some lady on account of which they often used to quarrel. It is further alleged that Neelam Devi also used to provoke her parents, sister and brother-in-law upon which her father Pakhar Singh, mother Satya Devi had visited their house several times and instead of pacifying the matter, they also fueled fire inasmuch as they stated that Avtar Chand was not having any property and cannot satisfy her daughter. It is alleged that about 15 days back Neelam Devi had a quarrel with Avtar Chand and left for her parental home. Although, complainant’s son Avtar Chand contacted his in-laws and requested them to meet his wife, but to no avail and on account of which he became upset and later committed suicide.
Upon perusal of the FIR, this Court finds that the matter broadly pertains to abettment of commission of suicide wherein petitioner No.1 Neelam Devi, is alleged to have raised allegations against her husband regarding his illicit relationship with some lady and used to quarrel repeatedly and after she left her matrimonial home a few days back she refused to return, which had upset the deceased.
Since an offence under Section 306 IPC is alleged to have been committed which is a heinous offence and Avtar Chand had committed suicide, therefore, it is not just the Avtar Chand’s family who would be the aggrieved, but the offence is broadly committed against the deceased himself. There can be no compromise with the dead man. As such the FIR cannot be quashed on the basis of compromise. As far as the contention of
MOHAN SINGH 2022.04.01 17:15 I attest to the accuracy and integrity of this document
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the petitioner regarding quashing of the FIR on merits is concerned this Court is of the opinion that the allegations of raising false allegations against the character of deceased by Neelam Devi herself to the effect that he was having illicit relations and subsequent quarrels with him on the said grounds would prima-facie attract an offence of abettment to commit suicide. Even the relatives had also played a part in the same inasmuch as they had also been troubling the deceased. There are sufficient allegations in the FIR to constitute the offences. No ground for quashing of FIR either on basis of compromise or even on merits is made out.
The petition sans merit and the same is hereby dismissed.
| 1.4.2022 mohan |
(GURVIN | DER SINGH GILL) JUDGE |
|
|---|---|---|---|
| Whether speaking /reasoned | Yes / No | ||
| Whether Reportable | Yes / No |
MOHAN SINGH 2022.04.01 17:15 I attest to the accuracy and integrity of this document
3 issues framed by the court
Whether an FIR under Section 306 IPC regarding abetment of suicide by the wife of the deceased can be quashed on the basis of a compromise.
Whether the allegations in the FIR prima facie sustain an offence of abetment to suicide given the nature of the dispute.
Whether relatives of the deceased played a role in troubling the deceased which could ground the offence.
1 provisions across 1 enactments
Neelam Devi
State of Punjab
Gurvinder Singh Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
