Del HC | Charges under Ss. 306 and 498-A IPC are independent of each-other; discharge under one does not ipso facto amount to acquittal for another

Delhi High Court: Sanjeev Sachdeva, J. dismissed a criminal revision petition filed against the order of the trial court whereby charge under Section 498-A (husband or relative of husband of a woman subjecting her to cruelty) IPC was framed against the petitioner.

Petitioner was married to the deceased who committed suicide on the very next day of their first marriage anniversary. FIR under Sections 306 (abetment of suicide) and 498-A was registered against the petitioner at the behest of the mother of the deceased. An alleged suicide note was found which was verified to be written in the handwriting of the deceased. The trial court discharged the petitioner of the offence under Section 306 holding that the said suicide note exonerated him as it states that the deceased was taking the steps voluntarily. However, it was found that the allegations levelled by the mother and brothers of the deceased that the petitioner maltreated the deceased and committed physical and mental cruelty were specific and therefore framed a charge under Section 498-A against him.

Senior Advocate Harish Salve contended that as the trial court found insufficient material to proceed under Section 306, on the same analogy, there was insufficient material to even frame a charge under Section 498-A.

Relying on the Supreme Court decisions in Girdhar Shankar Tawade v. State of Maharashtra, (2002) 5 SCC 177 and Ramesh Kumar v. State of Chhattisgarh, (2001) 9 SCC 618, the High Court reiterated that charges under Sections 306 and 498-A IPC are independent of each other and acquittal of one does not lead to acquittal of the other. It was observed: “Though, there may be an overlap with regard to cruelty being meted out to the deceased in both the Sections, however, the degree of cruelty to constitute abetment under Section 306 IPC would be of higher than the degree of harassment and cruelty to constitute an offence under Section 498-A IPC. It cannot be held that because petitioner has been discharged of an offence under Section 306 IPC, it would automatically lead to a discharge of the offence under Section 498-A IPC.”

In the present case, it was found that there was sufficient material on record to give rise to grave suspicion against the petitioner for framing a charge under Section 498- IPC. Thus, finding no infirmity in the impugned order, the petition was accordingly dismissed.[Kaushal Kishore v. State (NCT of Delhi), 2019 SCC OnLine Del 8713, decided on 28-05-2019]

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