Cruelty charge sustained, but abetment of suicide failed for lack of proximate instigation and intent at charge stage.

At charge-framing stage, a prima facie case under Section 498A was sustained because the statements disclosed repeated physical and mental harassment, including allegations about streedhan and demands for its return; the accused were therefore not entitled to discharge on that count. By contrast, Section 306 was not made out because abetment of suicide requires instigation, intentional aid, or another proximate act with mens rea, and the alleged harassment was too remote and lacked a direct link to the death; the accused were entitled to discharge on that count. The prosecution for cruelty was allowed to continue, while the abetment charge was set aside.

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Issues: (i) Whether a prima facie case under Section 498A of the Indian Penal Code, 1860 was made out against the accused, and whether they could be discharged from that charge; (ii) Whether a prima facie case under Section 306 of the Indian Penal Code, 1860 was made out against the accused, and whether they could be discharged from that charge.

Issue (i): Whether a prima facie case under Section 498A of the Indian Penal Code, 1860 was made out against the accused, and whether they could be discharged from that charge.

Analysis: Cruelty under Section 498A includes wilful conduct likely to drive a woman to suicide or harassment to coerce unlawful demands. The statements of the informant and other witnesses referred to repeated physical and mental harassment, prior return to the parental home, and the alleged selling of streedhan with harassment on demand for its return. At the stage of charge framing, the material was sufficient to show a prima facie case and strong suspicion of cruelty.

Conclusion: The charge under Section 498A of the Indian Penal Code, 1860 was upheld and the accused were not entitled to discharge on that count.

Issue (ii): Whether a prima facie case under Section 306 of the Indian Penal Code, 1860 was made out against the accused, and whether they could be discharged from that charge.

Analysis: Abetment of suicide requires instigation, intentional aid, or a direct act accompanied by mens rea, and mere harassment is not enough unless it has a proximate link to the suicide. The alleged incidents were stated to have occurred about a year before the death, and the material did not disclose any direct or proximate act that compelled the deceased to commit suicide. The record therefore did not establish the requisite intention or active role for abetment.

Conclusion: The charge under Section 306 of the Indian Penal Code, 1860 was not made out and the accused were entitled to discharge on that count.

Final Conclusion: The appeal succeeded only to the extent of setting aside the prosecution for abetment of suicide, while the prosecution for cruelty was permitted to continue.

Ratio Decidendi: At the stage of charge framing, cruelty under Section 498A may be sustained on prima facie material showing repeated harassment and specific acts, but abetment of suicide under Section 306 requires a proximate, intentional act of instigation or aid and cannot rest on stale allegations of harassment alone.

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