GUJARAT HIGH COURT REFUSED TO QUASH FIR  IN ABETMENT OF SUICIDE AND CRUELTY CASE AGAINST HUSBAND AND IN-LAWS

In a recent ruling, the High Court of Gujarat at Ahmedabad upheld its decision to proceed with the trial in a case involving allegations of abetment of suicide and cruelty to a married woman. The judgment was delivered by Hon'ble Mr. Justice Sandeep N. Bhatt on 12th July 2023.

The case, Criminal Misc. Application No. 11831 of 2021, was brought before the court as an application under Section 482 of the Code of Criminal Procedure, 1973, seeking the quashing of FIR C.R. No. 11206038210259 of 2021. The FIR was registered against the applicant, Pravinsinh Harisinh Chavda, and others for offences punishable under Sections 306 (abetment of suicide), 498A (cruelty to a married woman), and 114 (abettor present when offence is committed) of the Indian Penal Code (IPC).

During the proceedings, the applicant's counsel argued that no prima facie case was made out against the applicant, as the alleged incidents of mental and physical harassment occurred more than 12 months before the deceased committed suicide. Furthermore, no suicide note was found at the scene, leading them to contend that no offence under Section 306 or Section 498A of IPC was established.

In response, the learned Assistant Public Prosecutor (APP) representing the State of Gujarat presented the contention that the allegations in the FIR pointed to continuous harassment faced by the deceased due to her inability to conceive, as well as the selling of golden ornaments given by her father at the time of marriage.

The court, after examining the legal precedents on abetment of suicide and cruelty to married women, ruled that a prima facie case was established based on the allegations in the FIR and the chargesheet filed during the investigation. Hon'ble Mr. Justice Sandeep N. Bhatt opined that sufficient material was available for the trial to proceed and that the application for quashing the FIR should be dismissed.

In delivering the judgment, the court referred to various judgments, including those from the Hon'ble Supreme Court, to support its decision. The ruling clarified that while the application for quashing was considered, there was enough material to proceed with the trial, and the court declined to exercise its powers under Section 482 of CrPC.

The judgment highlights the court's commitment to a fair trial and adherence to legal principles while determining the existence of a prima facie case in matters involving abetment of suicide and cruelty to married women.

Date of Decision: 12th July 2023

PRAVINSINH HARISINH CHAVDA  vs STATE OF GUJARAT