Punjab & Haryana High Court: Frequent Quarrels B/W Husband & Wife Due To Marital Discord Not Sufficient To Constitute Offence Of Abetment To Suicide

The Punjab & Haryana High Court has held that frequent quarrels between the Husband and Wife arising out of misunderstandings and discord alone are not sufficient to constitute an offence for abetment to suicide.

The Court was considering a Bail Application in an FIR registered for offences under Sections 306, 506, 34 of the Indian Penal Code, 1860.

The single bench of Justice Sandeep Moudgil observed, ".....As for the other contentions namely, that there were direct allegations and frequent quarrels between the petitioner and the deceased arising out of misunderstandings and discord these alone are not sufficient to constitute an offence under Section 306 of the IPC. Such disputes between a husband and wife may be considered part of the ordinary wear and tear of marital life and, without credible and substantial evidence, cannot be treated as instigation or abetment to suicide."

The Applicant was represented by Advocate P.K.S. Phoolka.

Facts of the Case

Counsel for the Husband argued that his client has been falsely implicated in the present case. He submitted that the story narrated by the Complainant is highly improbable since as per the facts narrated in the FIR, there was no allegation of instigation at the hands of the Husband for compelling the deceased Wife to commit suicide and there is no suicide note which would corroborate the version of the complainant, therefore, no offence as alleged is made out.

Reasoning By Court

The Punjab & Haryana High Court at the outset noted that the State failed to produce any cogent evidence to establish immediate provocation or instigation on the part of the Husband, particularly in the absence of a suicide note.

As far as other contentions were concerned, the Court held that frequent quarrels between the Husband and Wife arising out of misunderstandings and discord alone are not sufficient to constitute an offence for abetment to suicide.

While placing reliance can be placed upon the judgment of the Apex Court rendered in “Dataram versus State of Uttar Pradesh and another”, 2018 wherein it has been held that the grant of bail is a general rule and putting persons in jail or in prison or in correction home is an exception, the Court pointed out that the Husband has already suffered incarceration of 1 year, 1 day and is is a person of clean antecedents; co-accused has already been granted the concession of regular bail. Reference was also made to another decision in Balwinder Singh versus State of Punjab and Another.

".....investigation is complete, challan stands presented on 20.07.2024 and charges stands framed on 24.09.2024, out of 14 prosecution witnesses, none has been examined so far which is sufficient for this Court to infer that the conclusion of trial is likely to take considerable time and therefore, detaining the petitioner behind the bars for an indefinite period would solve no purpose," the Court observed.

The Application was accordingly allowed.

Cause Title: Kulwinder Kaur vs. State of Punjab (2025:PHHC:071352)

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