Delhi High Court - Orders
Sapna Alias Sapna Chaudhary vs State Of Nct Of Delhi & Anr on 6 January, 2022
Author: Mukta Gupta
Bench: Mukta Gupta
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2158/2021
CRL.M.A. 17304/2021 (for stay)
SAPNA alias SAPNA CHAUDHARY ..... Petitioner
Represented by: Mr. Rohan Mehra, Advocate.
Versus
STATE OF NCT OF DELHI & ANR. ..... Respondents
Represented by: Mr. Avi Singh, ASC (Crl.) with Mr.
Karan Dhalla, Advocate for R-1/
GNCTD.
SI Jagdish, PS Chhawla.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 06.01.2022 The hearing has been conducted through Video Conferencing.
W.P.(CRL) 2158/2021 CRL.M.A. 17304/2021 (for stay)
1. By this petition, the petitioner seeks quashing of the FIR No.327/2016 under Section 309 IPC registered at PS Chhawla, New Delhi.
2. The petitioner consumed a bottle of unknown poison and left a suicide note. She was taken to the hospital, where she was administered treatment and saved. In her statement recorded on 6th September, 2016, the petitioner stated that she had voluntarily consumed rat poison and some tablets at her house as she was being harassed for a song sung by her on 17th February, 2016 at a programme at Village Chakarpur related to castes and FIR under Signature Not Verified Digitally Signed By:JUSTICE W.P. (CRL.) 2158/2021 PageGUPTA MUKTA 1 of 3 Signing Date:10.01.2022 21:32:50 the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was registered on 14th July, 2016 despite her tendering apology.
3. As per the FSL report, the vomit sample was found to be containing Zinc Phosphide. After investigation, cancellation report was filed which was not accepted by learned Metropolitan Magistrate vide order dated 6th November, 2019 and the SHO was directed to file supplementary report after further investigation, resulting whereto the Investigating Officer filed a charge-sheet under Section 309 IPC, cognizance whereon was taken. Hence the present petition for quashing of the FIR and proceedings pursuant thereto.
4. Learned Additional Standing Counsel for the State has taken this Court through Section 115 of The Mental Healthcare Act, 2017 which reads as under:
"Section 115. Presumption of severe stress in case of attempt to commit suicide.
(1) Notwithstanding anything contained in section 309 of the Indian Penal Code (45 of 1860) any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code.
(2) The appropriate Government shall have a duty to provide care, treatment and rehabilitation to a person, having severe stress and who attempted to commit suicide, to reduce the risk of recurrence of attempt to commit suicide."
5. Learned Additional Standing Counsel for the State submits that the bare reading of this provision would show that there is a presumption about the mental health of the victim/ accused who attempts to commit suicide and Signature Not Verified Digitally Signed By:JUSTICE W.P. (CRL.) 2158/2021 PageGUPTA MUKTA 2 of 3 Signing Date:10.01.2022 21:32:50 unless the same is proved otherwise, in the absence whereof, no trial can take place.
6. It is trite that no fact can be proved or disproved without a trial. On a query raised by this Court as to whether any opinion regarding the mental health of the petitioner was taken from the medical board, learned Additional Standing Counsel for the State submits that in the present case, no such opinion was taken and considering the facts of the case, some guidelines would be required to be laid down in view of the special provision under Section 115 of The Mental Healthcare Act, 2017 which has a bearing on Section 309 IPC making the said offence under Section 309 IPC totally redundant.
7. Written submissions be filed by the parties before the next date.
8. List this petition on 10th March, 2022.
9. Till the next date of hearing, the proceedings before the learned Trial Court are stayed.
10. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
JANUARY 6, 2022 PB Signature Not Verified Digitally Signed By:JUSTICE W.P. (CRL.) 2158/2021 PageGUPTA MUKTA 3 of 3 Signing Date:10.01.2022 21:32:50