The accused gets Govt. Job, breakup with girlfriend after 6 year physical relationship, leads to girlfriend suicide. (Supreme Court: ACQUITTED)

SUPREME COURT OF INDIA

Date : 30-01-2024

CORAM: HON'BLE MR. JUSTICE VIKRAM NATH
HON'BLE MR. JUSTICE K.V. VISWANATHAN

PRABHU Vs THE STATE REP BY THE INSPECTOR OF POLICE & ANR.

This Appeal arises from the judgment of the High Court has refused to quash the criminal proceedings initiated against the appellant under Sections 417, 306 of the Indian Penal Code read with Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 2002 [‘TNPHW Act’].

The undisputed facts that the Appellant and the deceased were on intimate terms and they fell in love in 2014. Admittedly they had physical relationship out of the love they had for each other. It appears that the appellant, when he got the job with the CRPF, left the town and even thereafter they were in touch with each other.

It is only when the marriage alliance was being broached at the house of the appellant and when his family started looking for a bride, the deceased appears to have become upset. The deceased had inquired about this fact from the appellant. The appellant had replied that his mother and his younger brother have said that they would die and as such he acceded to their view. The appellant(Prabhu) advised her(girlfriend) that she should also act according to the words of her parents.

The deceased came under mental stress and on 22.06.2019 at about 08:30 PM, she ate rat poison kept in the bathroom of the house. Based on her statement, the First Information Report was lodged.

She had been under treatment for 5 days and then she was sent to Stanley medical hospital for further treatment, and on 04.07.2019 at about 04.20 a.m. without response to the medical treatment, she died.

Hon’ble Supreme Court Decision: A plain reading of the Section and applying it to the undisputed facts of the present case indicates that none of the ingredients are attracted to the case at hand. In view of the above, the judgment of the High Court is set aside and the Appeal is allowed. The proceedings before the Judicial Magistrate­, Tindivanam, District Villupuram in P.R.C. No. 24 of 2020 will stand quashed.

SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 39981/2022
(Arising out of impugned final judgment and order dated 29-07-2022 in CRLOP No. 8327/2021 passed by the High Court of Judicature at Madras)

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This article is written by the Adv. Alok Kumar practicing lawyer in the Delhi & NCR region. This article is briefly summarized from the Hon’ble Supreme Court Judgement. Any complaint or suggestion, you may drop an email at care@legalfree.in.

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