The Court was dealing with a case where the father of a woman who died by suicide filed a complaint after her death, accusing her husband and in-laws of having subjected her to cruelty.
The Supreme Court on Tuesday emphasized that a delay in lodging a complaint about marital cruelty does not inherently disprove the occurrence of cruelty or harassment faced by a woman from her husband or in-laws during the marriage [Jayedeepsinh Pravinsinh Chavda and Others v. State of Gujarat].
A Division Bench comprising Justices Vikram Nath and PB Varale made this observation while declining to discharge the husband and in-laws of a deceased woman in a case involving allegations of cruelty under Section 498A of the Indian Penal Code (IPC).
The accused contended in their defense that the wife had not reported any cruelty or harassment throughout their twelve-year marriage, and the complaint was lodged by her father only after her death by suicide.
However, the Court dismissed this argument, ruling that the absence of a complaint during the twelve years of marriage does not conclusively indicate that no instances of cruelty or harassment occurred.
The appellants’ argument that the deceased had not made a single complaint for cruelty or harassment against the appellants in the twelve years of marriage cannot be sustained. Merely because she did not file any complaint for twelve years does not guarantee that there was no instance of cruelty or harassment,” the Court observed.
The Court, however, acquitted the accused of the abetment of suicide charges in the case.
It determined that there was no direct connection between the allegations against them and the woman’s suicide, as the key claims of cruelty—such as being forced to sell her ornaments and subsequently facing harassment—dated back at least a decade before her death.
…selling of gold ornaments and the same was followed by discord and harassment upon their demand, even if true, do not reflect any intention to instigate, incite or provoke the deceased to commit suicide. Mere harassment and such issues between the wife and her husband along with the in-laws do not appear to create a scenario where she was left with no option other than to end her life. There is, therefore, absence of mens rea to instigate suicide of the deceased persons,” the Court said.
The Court was considering an appeal filed by the husband and his family members challenging the Gujarat High Court’s decision to deny their discharge from charges under Sections 306 (abetment of suicide), 498A (cruelty), and 114 (abetment) of the Indian Penal Code (IPC).
The appellant-husband’s wife had died by suicide approximately twelve years into their marriage.
Following her death, her father claimed that his daughter had endured physical and mental harassment and was compelled to sell her ornaments, which had been given to her as streedhan (dowry) for her marriage.
Her father further claimed that his daughter faced physical and mental harassment whenever she asked for her ornaments to be returned.
He alleged that his daughter died by suicide due to persistent harassment by her husband and in-laws.
The accused initially challenged the first information report (FIR) filed against them, but the High Court dismissed their plea. A subsequent appeal before the Supreme Court was later withdrawn.
Following this, the accused filed a discharge application before the Sessions Court, which was also rejected. This rejection was upheld by the High Court, prompting the accused (appellants) to approach the Supreme Court once again.
The Court partially allowed the appeal, acquitting the accused of the charges related to abetment of suicide. However, it declined to dismiss the charges of cruelty against them.
‘From a perusal of the FIR, findings of the Investigating Officer in the chargesheet as well as the statements of the deceased’s cousins recorded during investigation prima facie indicate that the deceased was subjected to physical as well as mental cruelty by her husband and the in-laws,” the Court observed.
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