Long Marriage Or Birth Of Children No Ground To Quash Suicide Abetment Case Where Husband’s Conduct Is Proximate To Wife’s Suicide: Karnataka High Court

The Court was hearing a petition filed by the husband seeking quashing of proceedings arising out of a case registered for offences under Sections 108 and 85 of the Bharatiya Nyaya Sanhita, 2023, which correspond to Sections 306 and 498A of the earlier Indian Penal Code.

A Single Judge Bench of Justice M. Nagaprasanna observed: “The complaint, summary of the charge sheet and the statements recorded after the registration of the crime would clearly indicate that there is proximity to the incident of death of the wife qua the present petitioner - the husband, as he was the one who was present and there was a squabble between the two, is what the complaint and the summary of the charge sheet would read. If that be so, it cannot be said that the husband should be absolved or the 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. Merely because the petitioner - 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”.

Background

The petitioner was the husband of the deceased woman, and the complainant was the father of the deceased. The couple had been married for about fifteen years and had two children.

On 18 October 2025, the wife allegedly died by suicide after hanging herself in the matrimonial home. The husband took her to a hospital where she was declared brought dead.

Following the incident, the father of the deceased lodged a complaint against the husband, alleging harassment and cruelty. Initially, the case was registered for the offence of murder under Section 103 of the BNS.

During the investigation, the police dropped the charge of murder and filed a charge sheet only against the husband for abetment of suicide under Section 108 BNS and cruelty under Section 85 BNS.

The charge sheet alleged that the accused frequently quarrelled with his wife, subjected her to physical and mental abuse, and on the day of the incident had abused and assaulted her in front of their children, following which the wife allegedly committed suicide.

The husband approached the High Court seeking the quashing of the proceedings.

Court’s Observation

The Court examined the complaint, the summary of the charge sheet and the statements recorded during the investigation. It noted that the materials indicated a proximate connection between the alleged conduct of the husband and the suicide of the deceased.

The Bench observed that the records suggested that the husband and wife had quarrelled shortly before the incident and that the allegations of physical and mental harassment formed part of the prosecution's case. In such circumstances, the Court held that it could not conclude that the husband should be absolved at the stage of considering a petition for quashing.

Rejecting the contention that the long duration of marriage indicated absence of culpability, the Court held that merely because the couple had been married for fifteen years and had two children could not be a ground to declare the husband innocent at the stage of exercising jurisdiction under Section 528 of the BNSS.

The Court emphasised that the case involved seriously disputed questions of fact which could be examined only during trial. It was observed that such issues require full evidentiary evaluation and cannot be adjudicated in proceedings seeking quashing of criminal charges.

The Bench also referred to the decision of the Supreme Court in Mahendra K.C. v. State of Karnataka, which reiterated that the High Court, while exercising inherent powers to quash proceedings, must only examine whether the allegations in the complaint disclose a prima facie offence and should not evaluate the sufficiency of evidence.

Relying on the settled principles governing the exercise of inherent jurisdiction, the Court held that where the complaint and the investigation material disclose ingredients of abetment and cruelty, interference at the stage of quashing would amount to entering into the merits of the case, which is impermissible.

Applying these principles to the facts of the case, the Court concluded that the allegations in the complaint and the material collected during the investigation disclosed the ingredients necessary for the offence of abetment to suicide and cruelty. Therefore, the proceedings could not be terminated at the threshold.

Conclusion

The Karnataka High Court dismissed the petition seeking the quashing of the criminal proceedings and held that the allegations against the husband required adjudication in a full-fledged trial.

The Court observed that it would not extend protection to the petitioner at this stage and that it was for the accused to establish his innocence during the course of the trial.

Cause Title: Manigandan S v. State of Karnataka & Anr. (Neutral Citation: 2026:KHC:11545)

Appearances

Petitioner: Dhananjaya C.P., Advocate

Respondents: K. Nageshwarappa, High Court Government Pleader

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