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2016 DIGILAW 2589 (MAD)

R. Mahendran v. State by Inspector of Police

2016-07-29

P.KALAIYARASAN

body2016
ORDER : These two Criminal Original Petitions have been filed under Section 482 of Code of Criminal Procedure, 1973 to quash the prosecution instituted against the petitioners, who are arrayed as A2 to A5 in S.C. No. 312 of 2008 for the offence under Section 306 IPC. 2. It is averred in the petitions that the deceased married Latha on 06.09.1998 and out of the wedlock a female child was born in the year 2005. A2 and A3 are father-in-law and mother-in-law of the deceased. A4 is brother-in-law. A5 is alleged paramour of the said Latha. The deceased Mageswaran committed suicide on 07.05.2007 at his residence, leaving a suicide note suspecting the fidelity of his wife with A5 Mahendran. The police laid charge sheet against the petitioners herein and the wife of the deceased for the offence under Section 306 IPC. 3. It is further averred that no specific over tact has been attributed against the petitioners to attract the alleged offence. Due to misunderstanding between spouses, the wife was living with her parents and the deceased was residing in his residence. On the complaint lodged by the wife regarding harassment, custody of child, the police conducted enquiry and after enquiry, the husband also handed over the jewels and custody of the child to his wife. 4. The statements obtained under Section 161 Cr.P.C also do not discloses the commission of any offence by the petitioners. Therefore, the present petitions have been filed. 5. The petitioners were charged for the offence under Section 306 IPC. As per this Section, whoever abets the commission of suicide by any person is punishable. 6. Section 107 IPC deals with abetment. As per the definition given in Section 107 IPC, the necessary proof required is that culprit (1) has instigated or (2) has engaged in conspiracy or (3) has intentionally aided by an Act or illegal omission to commit to do a thing. 7. The material shown against the petitioners to implicate them with the crime are the suicidal note of the deceased and the further statement given by the witness. It is clear from the suicidal note that the deceased suspected his wife as having illicit intimacy with A5, Mahendran and his in-laws namely A2 to A4 changed the mind of his wife to be hostile with him. It is clear from the suicidal note that the deceased suspected his wife as having illicit intimacy with A5, Mahendran and his in-laws namely A2 to A4 changed the mind of his wife to be hostile with him. The suicidal note does not disclose any direct nexus of A2 to A5 with the suicide. 8. In the further statement of witness Ruckmani before the police, she says that the deceased told her that his in-laws asked him to live with Latha or die. This evidence is only hearsay, which is inadmissible in evidence. 9. It is the case of the prosecution that when the deceased was in service in North India, his wife developed intimacy with A5 and the same caused mental agony and led him to commit suicide. The contention of the suicidal note does not disclose nexus as already stated and further, there is absolutely nothing to show that the petitioners had intention to aid the commission of the said crime. The further statement, as already noted cannot be taken as evidence to implicate the petitioners with the crime. 10. The inherent jurisdiction conferred under Section 482 Cr.P.C is to be exercised sparingly in cases where there is abuse of process of law and where ends of justice requires such exercise. In this case when there is absolutely no material for the proof of abetment as against the petitioners, this Court is of the considered view that it is a fit case to exercise the inherent jurisdiction under Section 482 Cr.P.C. Therefore, the prosecution against the petitioners in S.C. No. 312 of 2008 on the file of Assistant Sessions Judge, Kancheepuram is liable to be quashed and it is accordingly quashed. In the result, both the Criminal Original Petitions are allowed. Consequently, connected criminal miscellaneous petitions are closed.