Bombay High Court has stayed the arrest of an Architect, who was booked for abetting the suicide of her husband.
The Court said that mere extramarital relationship should not be meant to be “positive” act for instigating suicide.
Justice Sandeep Shinde has passed this Order. Hon’ble Judge referred to the Judgment of the Supreme Court in the M Mohan’s Case.
Court held that the Supreme Court has propounded that abetment involves intentionally aiding a person in doing something.
So without a positive act by the accused to an aide or instigate suicide, the conviction can not be sustained.
High Court observed that the alleged extramarital relationship prima facie does not construe as a positive act to instigate suicide.
Therefore, given above the High Court granted interim protection to the Architect from arrest.
The case was registered on Sept 15, based on the complaint of the father of the deceased.
So, the Architect apprehending arrest filed the Petition by the Police.
It is alleged that the deceased husband has left a suicide note. In this he blamed the extramarital affair of wife to be the reason for suicide.