Calcutta HC refuses to quash abetment case against wife

Kolkata: The Calcutta High Court on Tuesday dismissed a Section 482 CrPC application filed by a wife seeking quashing of FIR against her for abetment to suicide of her deceased husband.

Case was lodged against the wife and other matrimonial relations of the deceased, who died by suicide on November 29, 2015. The informant alleged in the FIR that the victim ended his life due to severe mental torture perpetrated by the accused. The informant in his FIR as well as the investigating authority have heavily relied on the ‘suicide note’ left by the victim.

The petitioners argued that the allegations made in the FIR are baseless and untrue. It was stated that as the parties were living at two different places, there would not have been even any possibility of incitement or active involvement of them resulting into instigation of suicide. In refusing to quash the proceeding, Justice Rai Chattopadhyay stated: “A person, immediately before his death, would only let his genuine perceptions be revealed to the world after his death. In this case, though primarily the person mentioned no other person responsible for his death, but at the same time in the very next sentence he mentions that his wife or child should not be allowed to see his dead body.

The penultimate portion of the suicide note ultimately reveals the reason for his writing in the said manner before. All these are triggering to the only fact that, a cognizable case having been prima facie made out against the petitioners, by dint of the available materials on record, this case is fit to go into trial and that not enough ground is available for quashing the criminal case, as prayed for by the petitioners.”