Gujarat High Court
Krunal Anilbhai Pandya vs State Of Gujarat on 14 February, 2024
NEUTRAL CITATION
R/CR.MA/6378/2014 JUDGMENT DATED: 14/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 6378 of 2014
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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KRUNAL ANILBHAI PANDYA & 1 other(s)
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1,2
MR BHAVIK J PANDYA(5002) for the Applicant(s) No. 1,2
MR JB DASTOOR(239) for the Respondent(s) No. 2
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
Date : 14/02/2024
ORAL JUDGMENT
1. This Criminal Misc. Application under Section 482 of the Code of Criminal Procedure, 1973 is filed seeking quash of the FIR being C.R. No.I-4 of 2014 registered with Jahangirpura Police Station, Surat for the offence punishable under Sections 306 and 114 of the Indian Penal Code, Page 1 of 12 Downloaded on : Fri Mar 01 21:22:42 IST 2024 NEUTRAL CITATION R/CR.MA/6378/2014 JUDGMENT DATED: 14/02/2024 undefined 1860 (for short "the IPC") and the charge-sheet filed subsequently for the said offences on the file of 5th Additional Sessions Judge, Surat.
2. Heard learned advocate Mr.Ashish Dagli for the applicants, learned Additional Public Prosecutor Ms.Maithili Mehta for the respondent-State and learend advocate Mr.J.B.Dastoor for the second respondent.
3. The brief facts of the prosecution case may be stated as follows:-
3.1 The deceased Vishakha is the daughter of the second respondent, who is the de facto-complainant in this case. Her marriage was solemnized with the accused no.1 on 28.11.2013. Thereafter, they started living together and led their conjugal life. They also went for honeymoon for 10 days after marriage. It is stated that thereafter her husband, who is accused no.1 and her mother-in-law, who is accused no.2, started harassing her. They did not allow her to talk to her parents over phone and they also used to nag her stating that her cooking of food is not good.
Further, they used to attribute illegal contact to her with her friend in the college at Baroda. Whenever she used to have an opportunity to talk to her parents over phone that she is to inform to her parents that her husband and her mother-in-law are harassing her attributing illegal relationship with her classmate in the college.
3.2 While so on 18.02.2014, she committed suicide by hanging in the house of her husband.
3.3 Thereafter, on a report lodged by her father, who is the second respondent herein, a case under Sections 306 and 114 of the IPC was registered. Autopsy was held over the dead body of the deceased, she was Page 2 of 12 Downloaded on : Fri Mar 01 21:22:42 IST 2024 NEUTRAL CITATION R/CR.MA/6378/2014 JUDGMENT DATED: 14/02/2024 undefined found to have committed suicide by hanging. Post-Mortem report was issued to that effect after completing the other formalities and on completion of investigation, police also filed charge-sheet against both the accused nos.1 and 2 for the offence punishable under Sections 306 and 114 of IPC.
3.4 The case is now pending in the committal court for committal of the said case to the Court of Sessions Division for trial.
3.5 The applicants sought quash of the FIR and the charge-sheet on the ground that the only allegation that was made against the applicants is that they did not allow the deceased to talk to her parents over phone and that they used to nag her stating that her cooking of food is not good and the said allegation even if it is true that it does not constitute an act of cruelty. He contends that even to invoke the presumption under Section 113A of the Evidence Act regarding abetment of commit suicide that the prosecution has to establish that she was subjected to cruelty before her death as defined in Section 498A of IPC and as it is not established that she was subjected to any cruelty as defined under Section 498A of IPC that no case is made out to prosecute the applicants for the offence punishable under Sections 306 of IPC. Therefore, he would contend that allowing the criminal proceedings to be continued against the applicants in these circumstances would amount to abuse of process of Court and thereby, prayed to quash the criminal proceedings that are launched against the applicants.
4. Learned advocate Mr.Dagli for the applicants vehemently contends that there are e-mails available in the computer of the deceased given by Page 3 of 12 Downloaded on : Fri Mar 01 21:22:42 IST 2024 NEUTRAL CITATION R/CR.MA/6378/2014 JUDGMENT DATED: 14/02/2024 undefined her classmate by name Dhrumil Patel threatening her that he would disclose their affair to her husband and to all others and because of the said threat given by her classmate that she might have committed suicide and not on account of any harassment said to have been caused by the applicants. He has also placed on record the copies of the said e-mails and he would contend that the Investigating Officer did not take into consideration the said e-mails during the course of the investigation.
5. Learned Additional Public Prosecutor Ms.Maithili Mehta for the respondent-State while vehemently opposing the application for quash of the criminal proceedings, contends that apart from the said two allegations that the applicants used to harass the deceased by not allowing her to talk to her parents over phone and by nagging her saying that her cooking of food is not good that there is another serious allegation that was made against them. She would contend that the applicants used to harass the deceased by attributing illegal contact to her with her classmate by name Dhrumil Patel in the college at Baroda and she used to inform her parents also about the same whenever she got an opportunity to talk to her parents over phone that her husband and her mother-in-law are harassing her by attributing illegal contact to her with her classmate. She would also contend that her parents also have given statement during the course of the investigation stating that her daughter used to inform them over phone that the applicants used to harass her by attributing illegal contact to her with her classmate. So, she would contend that the said willful contact of the applicants in attributing illegal contact to her clearly amounts to subjecting to her to cruelty as defined in explanation (a) to Section 498A of IPC. She, then, contends that when there is an evidence Page 4 of 12 Downloaded on : Fri Mar 01 21:22:42 IST 2024 NEUTRAL CITATION R/CR.MA/6378/2014 JUDGMENT DATED: 14/02/2024 undefined that she was subjected to such cruelty and harassment and when she committed suicide within 7 years of marriage, the presumption of Section 113A of the Evidence Act comes into play and it shall be presumed that on account of the said abetment given by the applicants by way of harassing her and subjecting her to cruelty that she committed suicide. Therefore, she contends that it is not a fit case for quash of the criminal proceedings and the trial has to go on.
6. Learned advocate for the second respondent almost reiterated the said contentions raised by the learned Additional Public Prosecutor. In addition to it, he contends that the e-mails, which are now relied on by the applicants showing that the said boy Dhrumil Patel, who is the classmate of the deceased threatened her that he would disclose their affair to her husband and to all others, cannot be looked into at this stage as they are only a defense evidence, which is now sought to be produced by the applicants and the same cannot be looked into in the proceedings under Section 482 of Cr.P.C. before the trial commenced and those documents are to be produced by them before the trial court as defense evidence and they are to be proved as per law and then the trial court has to appreciate the said evidence and decide the case at the final adjudication of the said case.
7. The material facts are not in controversy. Admittedly, the deceased is the legally wedded wife of accused no.1. Their marriage was solemnized on 28.11.2013. It is also a fact that she committed suicide on 18.02.2014 itself and her suicidal death took place within 7 years of her marriage.
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8. Usually, in a case under Section 306 of IPC relating to an offence of abetment to commit suicide, the necessary ingredients contemplated under Section 107 of IPC are to be proved. It has to be shown that there has been an intentional instigation given by the accused to the deceased to commit suicide or that they have intentionally aided the deceased to commit suicide etc. But, in a case where the wife committed suicide within 7 years of her marriage, the presumption of Section 113A of the Evidence Act applies. It shall be presumed that when a woman died by way of committing suicide within 7 years of her marriage and when it is shown that she was subjected to harassment or cruelty before her suicidal death, that she committed suicide on account of the said harassment meted out by her in the hands of the accused and thereby, she was abeted by them to commit suicide. However, it is a rebuttable presumption and the accused can displace the said presumption either by way of adducing direct evidence or by showing preponderance of probabilities in the prosecution case. In such cases, proof of ingredients under Section 107 of IPC is not required.
9. The Division Bench of the High Court Andhra Pradesh in the case of Wadde Janardhan vs. State of A.P., 1999 SCC OnLine AP 1206 elaborately dealt with the scope of presumption under Section 113A of the Evidence Act vis-a-vis Section 306 of IPC. The Division Bench held that the presumption under Section 113A of the Evidence Act was enacted by the parliament with the definite purpose as it would be difficult to find out the evidence of the atrocities committed against a married woman by her husband or his close relatives within the confines of matrimonial home. The parliament in its wisdom thought it fit to introduce a presumption even at the cost of diluting the normal principle Page 6 of 12 Downloaded on : Fri Mar 01 21:22:42 IST 2024 NEUTRAL CITATION R/CR.MA/6378/2014 JUDGMENT DATED: 14/02/2024 undefined of criminal law that the burden is on the prosecution to establish the guilt of the accused beyond reasonable doubt. It is further held that the rigour of operation of the rule of burden of proof cast on the prosecution was intended to be softened to some extent so as to make the accused accountable for his/her acts of cruelty perpetrated against woman during a period of seven years after her marriage by the husband and her close relations. It is then held that the presumption when it is necessary to be drawn need not be considered from the perspective whether one or other ingredients of Section 107 of IPC are satisfied. The drawal of presumption when that is justified and warranted should be with regard to the commission of the offence of abetment of suicide, but not with specific reference to ingredients (a), (b) or (c) of Section 107 of IPC.
10. As the deceased met with suicidal death within 7 years of her marriage, the aforesaid presumption under Section 113A of the Evidence Act applies to the present facts of the case. No doubt in order to invoke the said presumption of Section 113A of the Evidence Act, it has to be shown that she was subjected to cruelty before the said suicidal death. The said cruelty should be as defined in Section 498A of IPC. The explanation to Section 498A of IPC defines cruelty and it reads thus:-
"Section 498A Husband or relative of husband of a woman subjecting her to cruelty.
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation.--For the purposes of this section, "cruelty means"--
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(a) anywilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand."
11. Thus, there are two limbs (a) and (b), which explains what is cruelty for the purpose of Section 498A of IPC. Clause (b) thereof has no application to the present facts of the case. It is not the case of the prosecution that the deceased was harassed with a view to coerce her to meet any unlawful demand for any property or valuable security. But, in the considered view of this Court, clause (a) applies to the present facts of the case. As per clause (a), any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to her life, limb or her health (whether mental or physical) of the woman, amounts to cruelty.
12. In the instant case, as per the prosecution version, the applicants have exhibited a wilful conduct of attributing an illegal contact to the deceased with her classmate in the college at Baroda. There are the statements of her parents, which are recorded by the police during the course of investigation, wherein it is stated that the deceased whenever she had an opportunity to talk to them over phone that she used to inform them that her husband and her mother-in-law are harassing her by attributing illegal contact to her with her male classmate in the college. If that be the case, it certainly amounts to a wilful conduct, which is Page 8 of 12 Downloaded on : Fri Mar 01 21:22:42 IST 2024 NEUTRAL CITATION R/CR.MA/6378/2014 JUDGMENT DATED: 14/02/2024 undefined exhibited by the applicants, which is of a nature that is likely to drive a woman to commit suicide or cause grave injury or danger to her life.
13. It is relevant to note here that their marriage took place only on 28.11.2013 only and within a short period of time thereafter she was subjected to mental harassment on account of attributing illegal contact to her with her male classmate in the college. One can imagine the state of mind of a newly married woman in the said circumstances. Certainly she would be placed in an unbearable situation on account of such illegal attributions which may drive her to put an end to her life on account of such false attributions. Therefore, prima facie, a case is made out to establish that by exhibiting such wilful conduct in attributing illegal contact to her that they have subjected the deceased to mental cruelty before committing suicide. So, the presumption under Section 113A of the Evidence Act squarely comes into play at this stage.
14. Now the applicants have relied on certain e-mails said to have been extracted from the computer in the house stating that her classmate by name Dhrumil Patel has threatened her to disclose their affair to her husband and to all others and make her life miserable and thereby, they would contend that she might have committed suicide on account of the said e-mails issued by her classmate. On the basis of the said evidence of e-mails, the applicants sought for quash of the criminal proceedings.
15. Learned advocate for the applicants vehemently contended that the said e-mails can even now be looked into and taken into consideration to decide the culpability or otherwise of the applicants and there is no legal bar to look into the same. In support of his contention, he relied on the Page 9 of 12 Downloaded on : Fri Mar 01 21:22:42 IST 2024 NEUTRAL CITATION R/CR.MA/6378/2014 JUDGMENT DATED: 14/02/2024 undefined judgment of the Apex Court rendered in the case of Rajiv Thapar & Ors. vs. Madan Lal Kapoor. That was a case, where the material that was relied upon by the accused was not refuted by the complainant or the prosecution and the Post-Mortem report also supported the case of the accused. Therefore, in the said facts and circumstances of the case, the said material was looked into.
15.1 In other judgment of the Apex Court rendered in the case of Prashant Bharti vs. State of NCT of Delhi, in paragraph no.22 while relying upon the Rajiv Thapar's case, it is held that the material produced by the accused if leads to the conclusion that his defence is based on sound, reasonable, and indubitable facts; and if it rules out and displaces the assertions contained in the charges levelled against the accused; and the said evidence, overrule the veracity of the allegations made against the accused, the same can be relied upon if they have not been refuted by the other side.
16. Learned advocate for the second respondent vehemently contends that the said e-mails are in the form of defense evidence and the same is to be adduced during the course of trial and they cannot be allowed to be produced before the pre-trial stage and more particularly, in the proceedings under Section 482 of Cr.P.C. as there is no provision enabling the accused to produce defense evidence before the trial commences. So, he contends that the same cannot be looked into. He would also contend that those e-mails are yet to be proved according to law during the course of the trial and as the complainant is now questioning the authenticity of the said documents, they cannot be looked into and considered without formal proof of the same as required under Page 10 of 12 Downloaded on : Fri Mar 01 21:22:42 IST 2024 NEUTRAL CITATION R/CR.MA/6378/2014 JUDGMENT DATED: 14/02/2024 undefined law. In support of his contentions, he relied on the judgment of the Apex Court rendered in the case of Rajeev Kourav vs. Baisahab and Others, AIR 2020 SC 909, wherein it is held in paragraph no.6 as follows:-
"6.It is settled law that the evidence produced by the accused in his defence cannot be looked into by the Court, except in very exceptional circumstances, at the initial stage of the criminal proceedings. It is trite law that the High Court cannot embark upon the appreciation of evidence while considering the petition filed under Section 482 CrPC for quashing criminal proceedings. It is clear from the law laid down by this Court that if a prima facie case is made out disclosing the ingredients of the offence alleged against the accused, the Court cannot quash a criminal proceeding."
17. Thus, it is clear from the law enunciated by the Apex Court in the above reported judgment relied on by the learned advocate for the second respondent, usually the Court cannot rely upon the defence evidence at initial stage in the application filed under Section 482 of Cr.P.C. The said evidence is to be adduced before the trial court and it has to be proved like any other document and then, the said evidence has to be appreciated by the trial court along with other evidence that was adduced by both the parties to ascertain whether the said person by name Dhrumil Patel issued any such e-mails or not. It is a question of fact to be decided during the course of trial. The second respondent seriously disputed the authenticity of the said e-mails. Therefore, they cannot be looked into at this stage. They are to be produced as defence evidence before the trial court and are to be proved and then the said evidence is to be appreciated by the trial court in the final adjudication of the said case. At this stage, it cannot be decided with certainty that any such e-mail was issued to her and because of the alleged threat given in the said e-mail that she committed suicide. It is a disputed question of fact, which is to be dealt with by the trial court alone. The High Court cannot now record any finding on the said Page 11 of 12 Downloaded on : Fri Mar 01 21:22:42 IST 2024 NEUTRAL CITATION R/CR.MA/6378/2014 JUDGMENT DATED: 14/02/2024 undefined disputed question of fact by appreciating the evidence that is now placed by way of e-mails.
18. Therefore, without recording any finding on merits, it is completely left for the trial court to decide the authenticity of the said evidence in the final adjudication of the case.
19. As noticed supra, the material on record prima facie discloses that there was an allegation that she was subjected to mental cruelty by way of attributing illegal contact to her with her classmate by her husband and mother-in-law. So, prima facie case is made out under Sections 306 of IPC read with Section 113A of the Evidence Act, as discussed supra. Therefore, in the said facts and circumstances of the case, the Court is of the considered view that it is not a fit case to quash the criminal proceedings at this stage.
20. Resultantly, the application is dismissed. Rule is discharged. Interim relief if any, stands vacated. However, the applicants are at liberty to adduce the said defence evidence and raise the said contentions before the trial court and it is for the trial court to take a final call ultimately on the said plea and record a findings to that effect.
(CHEEKATI MANAVENDRANATH ROY, J) ABHISHEK Page 12 of 12 Downloaded on : Fri Mar 01 21:22:42 IST 2024