‘Allegations Clearly Disclose Cognizable Offence: High Court Refuses to Quash FIR in Abetment of Suicide Case
In a significant ruling, the Gujarat High Court has dismissed an application seeking the quashing of an FIR filed for the offence of abetment of suicide under Section 306 of the Indian Penal Code. The case, involving applicant Chintan Kanjibhai Kalathiya, saw the court affirming that the allegations in the FIR “clearly disclose the cognizable offence,” setting a precedent in cases of similar nature.
The applicant had approached the High Court under Article 226 and Section 482 of the CrPC, seeking relief against the FIR lodged by the wife of the deceased, who committed suicide. The FIR accused Kalathiya of pressurizing and harassing the deceased, leading to his extreme step.
In the detailed judgment, the Honorable Justice Vimal K. Vyas analyzed the contents of the FIR and the circumstances surrounding the filing of the complaint. Despite the applicant’s arguments regarding the delay in lodging the FIR and his non-involvement in the alleged offence, the court found substantial grounds in the complaint’s allegations.
Justice Vyas, in his observations, noted, “The allegations levelled in the FIR against the present applicant clearly disclose the cognizable offence.” This statement formed a critical part of the court’s decision to dismiss the application.
Furthermore, the court delved into the relevance of the suicide note found on the deceased, which specifically mentioned the applicant’s role in his decision to end his life. This piece of evidence played a crucial role in tilting the scales against the quashing of the FIR.
In reinforcing the principles guiding the quashing of FIRs, the court referred to several Apex Court judgments. These precedents emphasized the importance of allowing police investigations to proceed in cases where the FIR discloses a cognizable offence, highlighting the limited scope of judicial intervention at the FIR stage.
The court’s decision to dismiss the application and its refusal to stay the judgment post-pronouncement marks a crucial juncture in the judicial handling of abetment to suicide cases. This ruling is expected to influence future cases where allegations of abetment are made, ensuring that investigations are not hindered by premature judicial intervention.
Date of Decision: 19th January 2024
CHINTAN KANJIBHAI KALATHIYA (CHINTANBHAI KANJIBHAI @ KANUBHAI GADHALI) VS STATE OF GUJARAT
