Required detail repot about causing ipc 306
keshav
(Querist) 03 August 2009
This query is : Resolved
my wife Bhavna & her father was register case under 498A ,34 aginst me on 24th April 2007 .i was married on 2nd july 2006.from dated 18th feb.2007 my wife live with her fathers house at nashik.at nashik court they register maintenance case against me on may 2007.
my wife done sucide on dated 6th sep . 2009 in her fathers house .
is there any provision to dismis ipc 306 ? plz.send if any thing available . i also hear if we are seprate more than one year you are never resposible for commetted sucide is that true ?
Advocate SK Rohilla New Delhi
(Expert) 03 August 2009
Dear Keshav,
You cannot be charged under section 306 IPC as your wife was staying away from you since 18 feb 07 and at the time of her death 6 Sep 09--- Gentleman 6 Sep 09 is yet to come) okay I am assuming it as 6 Sep 08, she was staying with her parents. There is no way to attract Section 306 IPC as essential ingredient to charge u/s 306 are absent i.e. instigation, aid or abet to commit suicide as you were at no talk relation with your wife.
SOLUTION: Hire the service of a good criminal lawyer.
Sarvesh Kumar Sharma Advocate
(Expert) 03 August 2009
dear Keshav,
is there any prove against you of 306 i.p.c., is there any sucide note of yr name written by her ?
Kiran Kumar
(Expert) 03 August 2009
Section 306. Abetment of suicide
If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
dear Keshav above is the exact provision of S.306 IPC
under what circumstances she committed is not known to us...even the FIR is not infront of us.
there can not be outright presumption against u that u abetted suecide there can be various other reasons or abettors.
better would be u approach some local
lawyer having good criminal law practice.
whether the FIR is to be quashed or not depends upon the facts and circumstances of the case, SC set parameters for quashing any FIR in 1991 in Bhajan Lal's case, but that is a technical aspect.
so my advice is to contact some lawyer because in criminal litigation the things can not adjuged merely on presumptions and assumptions.
