Mere refusal to marry doesn’t amount to abetment to suicide, rules SC

Holding that mere refusal to marry by itself doesn’t amount to abetment to suicide, the Supreme Court has quashed an FIR against a man from Amritsar in Punjab accused of driving a woman to commit suicide by allegedly backing out of their proposed marriage.

“Even if we accept the entire case put up by the prosecution as it is without adding anything or subtracting, we are of the view that none of the ingredients to constitute the offence of abetment punishable under Section 306 of the IPC are borne out,” a Bench led by Justice B Pardiwala said, allowing an appeal filed by accused Yadwinder Singh alias Sunny.

The mother of the deceased had lodged an FIR alleging that her daughter died after consuming some poisonous substance on November 6, 2016, “after being fed up with Yadwinder Singh” and that the reason for the death of her daughter was Yadwinder Singh. She demanded “strict legal action” against Sunny. Two days later, she improved upon her statement and alleged mental and physical exploitation of her deceased daughter by the appellant.

However, the Bench concluded that it was not sufficient to bring the case under abetment to suicide.

“We are of the view that putting the accused to trial on the basis of the evidence on record would be nothing short of travesty of justice,” it said, accepting the arguments of senior counsel PS Patwalia – who represented the appellant.

“The First Information Report bearing No. 273 of 2016 dated 07.11.2016 stands quashed. As a result, the proceedings of Sessions Case No. 728 of 2018 pending in the Court of the Additional Sessions Judge, Amritsar, Punjab, are also hereby quashed,” ordered the Bench which also included Justice KV Viswanathan.

“In the case at hand, even if we assume that the appellant, due to opposition and pressure from his family, declined to marry the deceased, it cannot be said that he placed her in a situation in which she had no option but to commit suicide. The appellant cannot be said to have intended the consequence of his act, namely, suicide,” the top court said in its October 27 order.

“It is very sad to note that a young girl took the extreme step of ending her life. It is possible that she might have felt hurt. One sensitive moment took away the life of a young girl. However, as judges we should not allow our minds to get boggled with such thoughts. We are obliged to decide the matter on the basis of the evidence on record. In other words, whether the allegations levelled constitute any offence. Mere refusal to marry, even if true by itself, would not amount to instigation as explained under Section 107 of the IPC,” it concluded.

“On one hand, the appellant wanted to get married to the deceased as it appears that he had love and affinity for her, whereas on the other, he was helpless before his parents,” it said.

The Bench also took note of the fact that the mother of the deceased deposed that the appellant had assured her he would make his family understand and would marry the deceased.