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The Official Law Report Fortnightly ISSN: 3048-4839 (Online)
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M. MOHAN vs. THE STATE REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE

SCR Citation: [2011] 3 S.C.R. 437
Year/Volume: 2011/ Volume 3
Date of Judgment: 01 March 2011
Petitioner: M. MOHAN
Disposal Nature: Appeals Allowed
Neutral Citation: 2011 INSC 168
Judgment Delivered by: Hon'ble Mr. Justice Dalveer Bhandari
Respondent: THE STATE REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE
Case Type: CRIMINAL APPEAL /611/2011
Order/Judgment: Judgment
1. Headnote

Penal Code, 1860 - ss. 304-8, 498-A and 306 - Dowry death, cruelty by husband or relatives of husband and abetment of suicide - Allegation that the victim was prevented from using the car owned by her brother-in-law and his wife, and in this regard was also taunted by the latter - Victim committing suicide by hanging herself in her matrimonial house four days later- Victim's husband, brother-in-law's wife,and the appellants (two brothers-in-law and mother-in-law of the victim charge sheeted u/ss. 304-B, 498-A and 306 - Petition u/s. 482 Cr.P.C. by the appellants - Charges u/ss. 498-A and 304-B quashed, however, charges u/s 306 upheld . On appeal, held: No proximate link between the incident when the deceased was denied permission to use the car with the factum of suicide which took place four days later - No instances of instigation or a/legations against the appellants.  Thus, no offence u/s. 306 made out against the appellants and their conviction u/s. 306 not sustainable - High Court not justified in rejecting the petition filed by the appellants u/s. 482 Cr.P.C. for quashing the charges u/s. 306 against them Charges u/s. 306 against the appellants quashed - Order passed by the High Court set aside - Code of Criminal Procedure, 1973 - s. 482.

2. Case referred
3. Act
  • Indian Penal Code, 1860 (45 of 1860)
4. Keyword
  • Penal Code
  • 1860 - ss. 304-8
  • 498-A and 306 - Dowry death
5. Equivalent citation
    Citation(s) 2011 AIR 1238 = 2011 (3) SCC 626 = 2011 (3) Suppl. SCC 626 = 2011 (3) JT 32 = 2011 (3) Suppl. JT 32 = 2011 (3) SCALE 78