Code of Criminal Procedure, 1973 – s.482 – Penal Code, 1860 – ss.498-A, 306, 34, 302, 201 – Victim died after allegedly falling off from terrace – Trial court framed charges against Respondent Nos.2-5 for abetment to commit suicide – Charges if rightly quashed by High Court:
Held: No – High Court erred in quashing the order of trial court framing charges – Deceased was being abused and ill-treated in her matrimonial home – There was a serious argument between her and her husband right before she allegedly fell off from terrace – The husband took her to hospital on a handcart (thela) despite having alternate options of using the Car – No ornaments were found on her body – For quashing of criminal charges it must be shown that there is no sufficient evidence to prove a prima facie case against the accused persons – However, in the present case, considering the statements by witnesses indicating abuse and torture of deceased by her in-laws and other factual circumstances, prima facie case is made against the accused persons – Given the statements of witnesses, suspicious circumstances around death of deceased and gravity of offense, the trial needs to be conducted to reach to the truth – Orders passed by High Court, set aside – Trial to proceed from the stage of framing of charges. [Paras 18, 19, 21, 22]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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