Dear Sir/Madam, Greetings and hope you are having great day! Thank you for stopping by and having a look. A Short History of my case 306 case here: DATE - DESCRIPTION Nov-2011 -- Tarun & Prithi got married. Jan 2012 -- Tarun & Prithi Quarrelled & SEPARATED. Feb 2012 -- Tarun went to France(Tarun is French citizen) May 2012 -- Tarun back to India to compromise but a 498A Case was filed by Prithi at Hyd PS. Jan 2013 -- Prithi applied for Divorce at the family court, Hyd. Nov 2014 -- Prithi committed Suicide by hanging in her flat in Hyd. (A Suicide note written blaming me). A Case/FIR was filed on Tarun and his parents by Police based on deceased Prithi's brother Ramesh complaint under sections 306B & 498. July 2020 -- Chargesheet filed by Police after 6.5 years of FIR registration. Case Description : Overall we stayed together for less than 50 days. After the separation in Jan 2012, we both were living separately. I am living in France and she was in India. After separation, there was NO COMMUNICATION at all in any channel between Tarun and Preethi. -After my wife committed suicide FIR (was registered in Nov 2014 and the Chargesheet was filed after 6.5 years(i.e Jul 2020). The case is at the very initial stage in the court and my first court hearing is in 2 weeks from now. All the below questions with regards to my second case i.e 306 (Suicide Abetment FIR dated: 10-Nov-2014) Q1) After separation of 3 years, my wife Prithi committed suicide(in Nov 2014)in her flat,Hyd. I was in France at the time of her suicide. After 6.5 years Police filed the charge sheet. I am 100% sure there was no single evidence except her SUICIDE note. Would there be any luck if I go for Chargesheet quash in High Court now? Q2) I am thinking first to file a DISCHARGE Petition in lower/trial court and if Discharge Petition does not succeed then I am planning to file a Chargesheet quash? Which is the best option, Filing a Discharge petition in the lower court or filing a Chargesheet quash at HC? Q3) Let say If I go for Chargesheet Quash in HC and does not succeed then what would be the outcome? Also till what stage I can go for Chargesheet Quash (any time limit) ? Q4) As the last option, I am thinking to go for compromise, If Prithi's bro Ramesh agrees. Any idea what is procedure/process to follow by Ramesh in order to take his false complaint back. Assuming Ramesh agrees to compromise but he unable to take the case back, then how can he support me in any other manner? If he didn't come to court then would this benefit me anyway? As I am an NRI its very hard to travel to India very frequently. Irrespective of my questions I humbly request you to provide me with your valuable suggestions or any better plan(s) to come out of this 306B case, please. I appreciate and Thank you very much for taking the time and read this. Looking forward to hear from u. Best Regards Tarun
11 answers received from multiple lawyers
Lawyers are available now to answer your questions.
Quashing is to be done only in exceptional circumstances
2) HC would be reluctant to quash FIR in view of suicide note blaming husband
3) better option is to file for discharge before trial court
4) if your quashing petition is rejected you have to face trial
5) if you are arrive at an amicable settlement you can file petition for quashing based on settlement
6) brother can file consent affidavit that he has no objections if FIR is quashed
1. You can file a petition seeking quash of charge sheet on merits, you have a good case to get it quashed.
2. You can file both simultaneously.
3. You may have to file the petition seeking quash immediately without inordinate delay
If your petition is dismissed then you may have to challenge the case on merits in trial court only.
4. If there's possibility for compromise then you may ask him to file an affidavit before high court expressing no objection to your quash petition if not he can turn hostile witness in the trial proceedings at the time of trial.
1. As per Bombay High Court , a suicide note alone is not proof enough to charge someone with abetting a suicide.
- Hence, if she was having suicidal attitude then it can be a ground for quashing the FIR.
2. You can file discharge petition in the trial court , but the chances of discharge is not enough , and hence better to approach the High court for quashing.
3. If no quash, then you will have to face trail of the case , and where you can produce the evidences in your support.
4. Settlement can be a ground for quashing the FIR , hence you can ask him to file an affidavit that after the death of sister , he doesn't want to proceed with the legal battle .
You can go for compromise. You can also go for discharge after filing of charge sheet. If your case has merits you can approach high court for quashing
Hi
In general , for abetment of suicide, there should be instigation which may be inferred from a series of acts on the part of accused that led to creation of such circumstances where the deceased had no other option left with him or her than committing suicide . This overt act has to necessarily coupled with a concomitant element called the mens rea to encourage the deceased to commit suicide.
In your case, it appears that there is no proximate link between your dispute with prithi and her death given the fact that prithi filed for divorce in Jan 2013 and committed suicide in November 2014.
So, legally you will win the case in the trial court given that there is NO proximate link between your dispute and hear death.
Now coming to quash of proceedings under 482 cr.p.c in the high court, given that there is no mens rea and also no proximate link, you have a decent chance to get your case quashed in the high court. However we need to see the contents of the suicide note, her petition for divorce, Charge sheet etc to know the full back ground.
Also, discharge in your case means acquittal. Courts cannot discharge the accused without trial in 306B case.
Also, the case is between state of telangana and you. so the complainant has no right whatsoever to either compromise or withdraw the case.
Hope this helps.
Dear Querist
Once you file a discharge petition before the trial court and the trial court rejects your application then there is no question of quashing the charge sheet by the high Court, High Court will simply say face the trial and get the judgment as per the evidence of the record and examination of the witnesses.
So don't wait for discharge application, immediately file the quashing petition before The High Court under article 226 of Constitution of India read with section 482 of Cr.P.C.
Charge Sheet Quashing can be entertained by the High Court until the prosecution evidence starts and not later on.
This case is non-compoundable hence there is no chance for compromise, in case of compromise, the court refused to quash the petition filed on the basis of compromise.
It will be better to file a quashing petition immediately otherwise face the whole trial.
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Dear Sir/Madam, I have the following two cases filed in two different courts in diffent PS's in Telangana state. #Case 1: Dowry Harassment(Sections:498-A), filed in April 2012 and this case is now Disposed and got ACQUITTAL in Dec 2023. #Case 2: Suicide Abetment(Sections:306 & 498-A), Filed in Nov 2014 and status is TRAIL yet to begin. The first case was filed by my wife when she was alive and the second case was filed by my wife's brother(bro-in-law) after my wife committed suicide. In both cases the common section is 498-A. I read that on the same person two 498-A cases cannot be imposed(Double jeopardy). Ideally, I want to get rid off section 498-A in my second case(suicide abetment case), so that the trial can be conducted on only section 306. Q. Can I approach Trail court and request to take off or Delete the 498-A section from the chargesheet in Case#2? Q. If trails court does not consider then Can I approach HighCourt and request to take off or Delete the 498-A section from the chargesheet from Case#2? Q. As I am acquitted(won) in my first 498-A case how much this would be useful in the second 306 case? In any way can I use the winning case judgment in second case? Can I go for quash in my 306 Case on the basis of a change of circumstances? When i google it found something like: Section 300 of CrPC, 1973 also defines the concept of Double Jeopardy. In its general sense, Double Jeopardy is defined as that no person shall be convicted for one offence more than once. Could you please kindly let me know whether my approach is right? Please guide me in the right direction kindly with the right approach. Best regards Tarun
The Karnataka High Court has held that under Section 216 of Criminal Procedure Code, a trial court can only alter the charge or add to the charge which is already framed. It cannot delete a charge which has been already framed by it
2) 498 A cannot be deleted from charge sheet
3) your acquittal would help you in second case
4) you can approach HC for quashing the charge sheet
You can approach both trial court or HC for appropriate remedy. You can argue during framing of charge and delete the section
1. The trial court has no power to remove a particular section before the trial is completed.
The trial court can take a considerable decision on the basis of the acquittal judgment passed by a different court on the same grounds.
Actually the 498A was included by her brother based on the misguidance because she has already filed the criminal complaint under the said section, hence the inclusion of the same section with the same cause of action would certainly become a double jeopardy but both the charge sheets are to be perused for rendering more proper opinion in this regard.
2. It is not advisable to approach high court to remove the section 498a IPC because the charge sheet has been filed along with the other charges too, hence may wait for the trial to begin.
3. You may go through the first point above and discuss with your advocate to implement the idea suggested by you now.
Dear client,
Sorry to hear about your situation.
Your approach is correct related to double jeopardy.
Hope this helps you.
1. You can argue in the said case at the time of framing of charge for the removal of the 498A , after producing the said order of the acquittal
2.Yes , Fit for the deletion of this section from the High court , if trail court not passed order
3. Yes,