‘Matrimonial Discord Is Common, Not Instigation to Suicide’: Allahabad HC Discharges Wife, Parents in Man's Suicide Case

The bench of Justice Sameer Jain allowed a criminal revision filed by Rachana Devi and her parents, who were facing trial in Auraiya district after being charged with abetment of suicide. An FIR was lodged on November 14, 2022, by the father of the deceased, alleging that his son had ended his life due to harassment and humiliation by his wife and in-laws.

According to the FIR, the deceased had married Rachana Devi around seven years earlier. Marital disputes soon arose, leading her to lodge a criminal case against her husband and in-laws under provisions relating to cruelty, assault, intimidation, and dowry harassment. Although some settlement was reached, she did not withdraw the case, and tensions persisted. The complainant alleged that on November 8, 2022, Rachana Devi’s parents came to the matrimonial home and insulted the deceased, allegedly telling him, “Why don’t you die?” Five days later, on November 13, 2022, he was found dead, having died by suicide.

Following the investigation, the police filed a charge sheet under Section 306 IPC (abetment of suicide). The trial court in Auraiya took cognizance of the case and, on October 19, 2023, dismissed the discharge application filed by the accused, paving the way for trial. Challenging that decision, the accused approached the High Court.

Before the High Court, counsel for the accused argued that the allegations were vague and unsupported by evidence. They contended that quarrels between husband and wife were common in married life and could not amount to abetment. They pointed out that even independent witnesses had only described routine disputes, not intentional provocation to end life. The statement allegedly made by the in-laws in anger, they argued, could not be treated as instigation.

The State and the complainant, however, insisted that there was sufficient material to frame charges, arguing that the accused had persistently humiliated and harassed the deceased, thereby driving him to take his life.

After considering the arguments and examining the material on record, the High Court decided in favour of the accused. Justice Jain relied on Supreme Court decisions, including Ramesh Kumar v. State of Chhattisgarh, which clarifies that instigation must involve active provocation and not merely casual or angry remarks. Court also referred to cases such as Swamy Prahaladdas v. State of M.P. and Amalendu Pal v. State of West Bengal, which emphasize that routine discord in domestic life does not, without more, satisfy the legal threshold of abetment.

Court stressed that mens rea, an intention to drive the victim to suicide, is a necessary ingredient of the offence.

“If a husband or wife, or their relatives, are harassed or quarrel in the ordinary course of domestic life, without an intention to provoke suicide, the offence under Section 306 IPC cannot be said to be made out, the court held. It concluded that neither the allegations in the FIR nor the witness statements demonstrated the requisite intent.

Consequently, the High Court held that the trial court had committed an error in dismissing the discharge plea. It allowed the revision, set aside the Auraiya court’s October 19, 2023 order, and discharged Rachana Devi and her parents from the case.

Case Title: Rachana Devi And 2 Others vs State of UP and Another

Order Date: September 8, 2025

Bench: Justice Sameer Jain