Allahabad HC quashes abetment to suicide case but proceedings to continue in dowry case:
On Wednesday, the Allahabad High Court held that in order to prosecute an individual for abetment to suicide under Section 306 IPC, it is important to determine if the accused's acts have abusive elements for suicide. The CJM Meerut has been ordered to prosecute the dowry harassment case, although the charge-sheet filed under Section 306 IPC has been quashed. On the petition of Anand Singh and others, Justice Pankaj Bhatia issued this order. This Court has been asked to intervene under Section 482 CrPC in order to quashing the chargesheet dated May 7, 2010, as well as the proceedings of the case under Section 306 IPC, Police Station Partarpur, District Meerut, which is pending before the Special CJM, Meerut. He is accused of pressuring the victim, Anu, and her family to marry him. The petitioners are said to have demanded a large dowry, prompting Anu to set herself on fire 15 days before the wedding. She later died in Delhi's Safdarjung Hospital.
The applicants' counsel argued that even though all of the claims were true, no offence under Section 306 IPC could be said to have been committed, and hence the chargesheet should be quashed. “However, the prima facie evidence reveals an offence committed by the applicants under Section 4 of the Dowry Prohibition Act, and read with Section 7 (1) (b) of the Dowry Prohibition Act, the Magistrate ought to have taken cognizance under Section 4 of the Dowry Prohibition Act,” the Court said.