‘Mere Refusing to Marry Isn’t a Crime’: SC Quashes Suicide Abetment Case Against Punjab Lawyer

The Supreme Court recently quashed an FIR against a Punjab-based advocate accused of abetting the suicide of a woman lawyer, holding that his refusal to marry her did not constitute “abetment” under criminal law.

A bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan set aside the Punjab and Haryana High Court’s March 17, 2025 order that had refused to quash the case against Advocate Yadwinder Singh alias Sunny. Court held that continuing the prosecution would be an “empty formality” and a “travesty of justice".

The FIR in the case was lodged on November 7, 2016, at Chherreta police station on a complaint filed by the mother of the deceased government advocate. The deceased allegedly consumed poison on November 6, 2016, after Singh, also a government advocate, declined to marry her. She was rushed to the hospital but died during treatment later that night.

The deceased's mother accused Singh of betraying her daughter’s trust. She stated that Singh had earlier proposed marriage but later backed out, which left her daughter distraught. In a supplementary statement two days later, the complainant alleged that Singh had physically and mentally exploited her daughter under the pretext of marriage and that he showed indifference when she threatened to end her life.

The police registered a case under Section 306 IPC (abetment of suicide) and proceeded with prosecution, relying on the mother’s supplementary statement and CDs of phone conversations between the deceased and the accused.

However, the Supreme Court noted that the supplementary statement appeared to be an 'improvement' over the original FIR and did not by itself constitute evidence of abetment. “Even if we accept the entire case of the prosecution as it is, none of the ingredients necessary to constitute the offence of abetment under Section 306 IPC are made out,” the bench observed.

Referring to its previous judgment in Nipun Aneja v. State of Uttar Pradesh and Geo Varghese v. State of Rajasthan, court reiterated that abetment involves an element of instigation or active aid with the intent to provoke the victim to suicide. “Mere refusal to marry, even if true by itself would not amount to instigation as explained under Section 107 of the IPC,” the court said.

The bench acknowledged that the young woman may have taken the extreme step out of emotional distress, but emphasised that courts must base their decisions on legal principles, not sympathy.

“It is possible that she felt deeply hurt. One sensitive moment took away her life. However, as judges, we should not allow our minds get boggled with such thoughts,” the order stated.

Holding that Yadwinder Singh could not be said to have “intended the consequences of his act,” court held that forcing him to face trial would be unjustified. Consequently, the FIR registered at Chheharta Police Station and all proceedings in the sessions case before the Amritsar court were quashed.

Case Title: Yadwinder Singh @ Sunny Vs State of Punjab & Anr

Judgment Date: October 27, 2025

Bench: Justice J.B. Pardiwala and Justice K.V. Viswanathan