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Joyjoyee Sen (Computer Programmer)     02 February 2010

A case of s/c 306

My brother is a software engineer and due to his work he stays in Gurgaon, Haryana. In the year, 2004 he had an affair with a girl of Delhi. After sometime he change his company and went to Hyderabad and at that time he came to his hometown Cooch Behar for holiday. When he was at Cooch Behar due to some misunderstanding the girl committed suicide. After one year of the her suicide my brother again return back to Gurgaon and that time the parents of the girl filed complaint against my brother and lodged complaint under s/c.306 of IPC.

 
            He has taken bail and the case is in session court and what they are doing they are restrained from present in the court and taking date after date as they don’t have any evidence against my brother. Now my question is can we make an application for quash the case in high court because it is false case and what the hope is.
 
 
Please suggest.


Learning

 8 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     02 February 2010

sorry. It is immpossible.

N.K.Assumi (Advocate)     02 February 2010

What are the main allegations in the complaint against your brother? did the girl left any sucide note? Why complaint was filed after one year? And Rakhi, why in your view it is impossible?

Daksh (Student)     02 February 2010

Dear All,

Ms.Rakhi Budhiraja has a point in light of Adalat Prasad judgement.   More so if any case has been registered then the prima facie factor considered by the Court in going ahead of adjudication of the case ipso facto says and suggest that it is of the view that there is sufficient material on record /or during investigation by which the accused can be nailed down. 

In my humble opinion the best way for you to go to High Court in Section 482 but not for quashing but for praying for directions for a time bound adjudication of the matter.  If possible please annex the ordersheet of the case depicting the time and again delay occured in subordinate court.

All the best in all your endeavors.

Best regards

Daksh 

AEJAZ AHMED (Legal Consultant/Lawyer)     02 February 2010

Dear Joyeeta,

As per me,  I think it is possible, and you can file Quashing Petition before the concerned High Court.  There are several Judgments favourable for quashing of criminal procedings for the offence under 306 of IPC.

IPC reads as under:-

306.    Abetment of suicide-If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either descripttion for a term which may extend to ten years, and shall be liable to fine" 

Section 107 IPC reads as under:-

107.    Abetment of a thing- A person abets the doing of a thing, who:- First- Instigates any person to do that thing; or

Secondly-Engages with one or or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or

Thirdly-Intentionally aids, by any act or illegal omission the doing of that thing."

As per your saying:

" due to some misunderstanding the girl committed suicide" and 

After one year of the her suicide my brother again return back to Gurgaon and that time the parents of the girl filed complaint against my brother and lodged complaint under s/c.306 of IPC."

You are having good ground to proceed for quashing of Criminal Proceedings, but the facts of the complaint is also important. Better if you are having copy of complaint then what are those allegations.

For your reference, kindly go through the following Judgments:

https://indiankanoon.org/doc/1217483

 

ramprasad reddy. pottipati (Lawyer)     02 February 2010

Sir,

Your's case is a fit case for quashing, since none of the ingredients satisfied for the offence punishable under sec 306 IPC. A conjoint reading of Sec 306IPCand Sec 107 IPC, the prosecution must establish that there is abettment or instigation or aiding from the accused to drive the deceased to commit suicide. And more over the case is foisted against the accused after one year and the delay should be properly explained by the prosecution and this is a very good case for quashing. I will send some of the important judgments later.

N.K.Assumi (Advocate)     02 February 2010

My Dear Daksh, Adalat Prasad case pertains to the trial court reviewing its own order which power it did not possess. Here in the instant case the case appears to be after thought and a figment of imagination, and more over it will be dificult to explained the delayed in filing the complaint after one year of a case relating to sucide.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     03 February 2010

I do agree with Aejaz.

Joyjoyee Sen (Computer Programmer)     03 February 2010

Sir,

They (Parents of the girl )thinks that my brother had relation with other girl which don't have any proof. Even in the chargesheet nothing is written which can go against my brother.


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