Matrimonial Discord Common In Domestic Life, Suicide Can't Be Tied To It Unless Some Intention Is Apparent: Allahabad High Court

The Allahabad High Court, while observing that discord and differences in domestic life are quite common in the society, has held that suicide cannot be tied to it unless and until some guilty intention on the part of the accused is apparent.

The Court was considering a Revision Petition against an order dismissing the discharge application under Sections 498-A, 323, 504, 506 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

The Bench of Justice Sameer Jain held, "...from the record, it reflects, due to matrimonial dispute arose between revisionist no.1, the wife and deceased, the husband, wife i.e. revisionist no.1 lodged a case against him and his family members under Section 498-A, 323, 504, 506 IPC and 3/4 D.P. Act. but matrimonial discord and differences in domestic life are quite common 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."

The Petitioner was represented by Advocate Manoj Kumar Patel, while the Respondent was represented by Government Advocate Anand Pati Tiwari.

Facts of the Case

An FIR was lodged against the Revisionists and one another under Section 306 of the IPC and according to it, marriage of the son of Opposite Party No. 2 was solemnized with Revisionist No.1 and after marriage, Revisionists used to insult his son. It was further mentioned in the FIR that Revisionist No.1 lodged a false case against Opposite Party No.2 and others and thereafter she had left her matrimonial home and started living with Revisionist Nos. 2 and 3. Subsequently, both parties settled the dispute, however, Revisionist No.1 did not drop the case. According to FIR, the son of the Opposite Party No. 2 committed suicide due to the abetment of Revisionists.

Counsel for the Revisionists submitted that Revisionist No.1 is the wife of the deceased and she was experiencing torture at the hands of her in-laws which was the reason for her marital discord with her husband. It was averred that due to matrimonial dispute, the deceased committed suicide by handing himself and it cannot be reflected that due to the abetment of the Revisionists, he committed suicide.

He further submitted that there is no evidence on record, which can suggest that due to abetment of the Revisionists, deceased committed suicide and bald allegation of torture and insult made against the Revisionists does not constitute offence of Section 306 of the IPC, but the Court concerned failed to consider this fact and wrongly dismissed the discharge Application filed by the Revisionists. 

Reasoning By Court

The Court at the outset noted that law with regard to discharge is settled, if material available on record prima facie does not constitute the alleged offence then accused should be discharged and not otherwise and referred to the Supreme Court's decision in Captain Manjit Singh Virdi vs. Hussain Mohammed Shattaf (2023). 

It further noted that from the material available on record including the statements of witnesses recorded during investigation, it appears, there are general allegations of harassment and insult against the revisionists and as per statements of witnesses, it reflects, Revisionist No.1 used to quarrel with the deceased but from their statements, it could not be reflected that Revisionists in any manner instigated the deceased to commit suicide.

".....as per prosecution, revisionists used to torture and insult O.P. No.2 but even if entire material collected by I.O. during investigation are accepted as it is then also it could not be reflected that revisionists were having mens rea to abet the deceased for suicide", the Court observed.

It went on to cite Supreme Court's decision in Kamaruddin Dastagir Sanadi vs. State of Karnataka through SHO Kakati 2024, wherein it was held that discord and differences in domestic life are quite common in the society and commission of suicide largely depends upon the mental status of the victim and unless & until some guilty intention on the part of accused is apparent, it is ordinarily not possible to show accused committed offence punishable under Section 306 IPC

".....from perusal of the material available on record, it could not be reflected that revisionists were having mens rea or any intention that deceased committed suicide, therefore, prima facie, it reflects, allegations levelled against the revisionists are not sufficient to constitute offence under Section 306 IPC", the Court ruled.

The Petition was accordingly allowed.

Cause Title: Rachana Devi And 2 Others v. State of U.P. and Another (2025:AHC: 169239)

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