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The prosecution had alleged that the wife and her parents harassed and humiliated her husband, driving him to end his life in November 2022
The complaint alleged that on November 8, 2022, Devi’s parents came to her matrimonial home, quarrelled with the deceased, and allegedly told him, ‘Why don’t you die?’ (File pic)
The Allahabad High Court has held that routine marital disputes and domestic differences cannot, by themselves, amount to abetment of suicide, even if one spouse later takes their life.
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Setting aside proceedings against a woman and her parents, accused of abetting her husband’s suicide, the court said such situations fall within the realm of common matrimonial discord, not criminal liability.
Justice Sameer Jain made the observation while allowing a criminal revision petition filed by Rachana Devi and her parents, who were facing trial in Auraiya under Section 306 of the Indian Penal Code. The prosecution had alleged that Devi and her parents harassed and humiliated her husband, driving him to end his life in November 2022.
According to the FIR lodged by the deceased’s father, the couple had been married for seven years and had a strained relationship. Devi had earlier filed a complaint against her husband and in-laws under Sections 498A, 323, 504, 506 of the IPC and provisions of the Dowry Prohibition Act, alleging cruelty and harassment. Although the matter was said to have been settled, the case was not withdrawn, and disputes continued.
The complaint further alleged that on November 8, 2022, Devi’s parents came to her matrimonial home, quarrelled with the deceased, and allegedly told him, “Why don’t you die?” A few days later, on November 13, 2022, the deceased was found dead by suicide. On the basis of this complaint, police filed a charge sheet under Section 306 IPC, and the Auraiya sessions court dismissed the discharge application filed by the accused in October 2023.
Challenging this order before the High Court, counsel for the accused argued that the allegations were vague and unsupported by evidence. They submitted that quarrels between spouses were a natural part of domestic life and could not be equated with abetment to suicide. They also relied on witness statements that only pointed to routine disputes, not active instigation. The remarks allegedly made by the in-laws, they said, were casual and uttered in anger, not intended to drive the deceased to his death.
The prosecution and the complainant’s side maintained that the accused had consistently insulted and humiliated the deceased, and that the November 8 quarrel directly pushed him to end his life.
After reviewing the record, the High Court disagreed with the prosecution. Citing Supreme Court decisions including Ramesh Kumar v State of Chhattisgarh and Amalendu Pal v State of West Bengal, Justice Jain reiterated that abetment requires clear instigation or intentional aid, coupled with mens rea. Mere harassment or casual words spoken in the heat of a quarrel cannot be stretched into criminal abetment unless they leave the victim with no option but suicide.
“Matimonial discord and differences in domestic life are quite common,” the court observed, “and if due to this reason either husband or wife commits suicide, then it cannot be held that due to their abetment deceased committed suicide”.
Holding that no prima facie case under Section 306 IPC was made out, the High Court set aside the Auraiya sessions court’s October 19, 2023, order and discharged the accused.
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About the Author
Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr…Read More
Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr… Read More
October 04, 2025, 02:35 IST
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