THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.2627 OF 2005 Date:20.11.2009 Between: Ryali Eshwaramma ……Petitioner And: The State, Station House Officer, Penugonda Police Station, Hyderabad and another ….. Respondents. THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.2627 OF 2005 ORDER: This petition is filed by the 2nd accused (A-2) for quashing proceedings in P.R.C.No.14 of 2005 on the file of II Additional Judicial Magistrate of the First Class, Tanuku relating to the offence punishable under Sections 498A and 306 of the Indian Penal Code in so far as the petitioner is concerned. The petitioner/A-2 is mother of A-1 who is husband of the victim woman Prasanna who committed suicide by setting fire to herself. The deceased had two issues. It is alleged that A-1 and A-2 used to suspect fidelity of the deceased and used to subject her to cruelty by beating her indiscriminately on that pretext and that the deceased quarrelled with A-1 and A-2 who demanded her to go out of their house and did not allow her to take children with her and that on 29.01.2005 the deceased made a phone call to her husband from her parents’ house and that the accused intentionally uttered insulting remarks against the deceased for which she became disgusted and closed doors of the room, pored kerosene on her and set herself to fire. It is contended by the counsel for petitioners that allegations in the First Information Report and the charge sheet do not disclose ingredients require for making out the offence under Section 306 of the Indian Penal Code because to prove an offence under Section 306 of the Indian Penal Code, the prosecution has to establish abatement as contemplated under Section 107 of the Indian Penal Code. The counsel for petitioners cited reported decisions of this Court in V. Shankaraiah V. State of A.P. (2002 (1) A.L.D (Crl.) 812), Neelam @ Bondila Lachaiah and another V. State of A.P. (2001 (1) A.L.D 539), Vanamala Amaranadh V. State of A.P., (2001 (2) A.L.T (Crl.) 244, Bommidi Rajamallu Vs. State of A.P.,; (2001 (1) A.L.T (Crl.) 193) and P. Sreenivasulu V. State of A.P., (2004 (1) A.L.D (Crl.) 484) in support of his contention. All these decisions were rendered having regard to facts in each of the said cases. They are all decisions on facts. Facts differ in each case. In so far as the present case on hand is concerned, allegations in the charge sheet do attract the offence under Section 498A of the Indian Penal Code as against A-2 also because it is alleged that both A-1 and A-2 subjected the deceased to cruelty. As per first limb of explanation to Section 498A of the Indian Penal Code, any wilful conduct which is likely to drive the woman to commit suicide, amounts to cruelty. In the case on hand, it is alleged that A-1 and A-2 were harassing the deceased suspecting her fidelity and were beating her on that pretext. They also did not allow the victim to take her children along with her when she was asked to go out of the husband’s house to her parents’ house. The deceased has no parents at all. She has only grand mother who is the defacto-complainant in this case. While judging the offence under Section 306 of the Indian Penal Code, the Court has to see reasons and circumstances which drove the deceased or which abetted the deceased to take the drastic decision of setting fire to herself after pouring kerosene on herself. It is a matter for evidence as to what circumstances abetted the deceased to commit suicide and who was responsible for the said circumstances. As per the allegations in the First Information Report and charge sheet, I am of the opinion that this is not a fit case to quash the proceedings against A-2. In the result, the petition is dismissed. ___________________________________ SAMUDRALA GOVINDA RAJULU,J 20th November, 2009 Gk. THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.2627 OF 2005 Date:20.11.2009 Gk.