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‘Children, 15 years of marriage no shield against criminal charges’: Karnataka HC refuses to quash suicide abetment case against husband
The Karnataka High Court noted that the complaint, charge sheet summary, and recorded statements suggest the husband’s proximity to the incident, as there had been a squabble between him and the wife prior to her death.
The Karnataka High Court ruled that marriage duration and children are not grounds to quash abetment of suicide charges against a husband. Justice M Nagaprasanna dismissed the petition filed by Manigandan S. (File Photo)
The Karnataka High Court recently ruled that the duration of a marriage and the presence of children born in wedlock cannot be considered as grounds to quash a criminal case against a husband charged with abetting his wife’s suicide.
In an order dated February 24, Justice M Nagaprasanna dismissed the petition filed by Manigandan S, who approached the court seeking to quash the chargesheet filed against him under Section 85 (Husband or relative of husband of a woman subjecting her to cruelty) and 108 (Abetment of suicide) of the Bharatiya Nyaya Sanhita.
“Merely because the husband and wife were married for 15 years and two children were born from the wedlock, it does not mean that the petitioner can be declared innocent by quashment of the proceedings at the hands of this Court in exercise of its jurisdiction under Section 528 of the BNSS,” Justice M Nagaprasanna said in the order.
“The issue is shrouded with seriously disputed questions of fact, which all would need a thrashment before the concerned Court in a full-blown trial.”
Case background
The accused’s wife allegedly died by suicide on October 18, 2025, after which he took her to the hospital, where she was declared “brought dead”.
On the same day, the woman’s father lodged a complaint against the man. Based on the complaint, the police investigated the case and filed a chargesheet against the accused. Following this, the accused approached the court seeking to quash it.
Appearing for the man, Advocate Dhananjaya C P argued that after the woman allegedly died by suicide, the husband broke open the door of the house, took her to the hospital, and did all that a caring husband would do, and therefore, the proceedings should be quashed against the husband.
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Appearing for the husband, Advocate Dhananjaya C P argued that the wife died by suicide, and that the husband had broken open the door, rushed her to the hospital, and acted like a caring spouse, and therefore the case against him should be quashed.
Government pleader K Nageshwarappa opposed the petition, submitting that the accused would often quarrel with his wife, due to which she became mentally disturbed.
Nageshwarappa also said that on the date of the incident, the couple quarrelled in their house, during which the accused allegedly physically abused and scolded his wife in front of their children and told her to leave the house or he would push her out.
He pointed out that this shows there is proximity in time with the husband’s act and the death of his wife.
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The bench noted that the complaint, charge sheet summary, and recorded statements suggest the husband’s proximity to the incident, as there had been a squabble between him and the wife prior to her death.
“If that be so, it cannot be said that the husband should be absolved or proceeding should be quashed against the husband for abetment to the suicide of the wife under Section 108 of the BNS and for the offence under Section 85 of the BNS for cruelty on demand of dowry,” Justice Nagaprasanna said.
Dismissing the petition, the bench said, “This Court would not lend its protective hands to the petitioner – husband of the deceased; it is for him to come out clean in a full-blown trial.”
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