PRAYAGRAJ — The Allahabad High Court has held that if there is no other factor, just refusal to marry does not come within the purview of abetment to suicide, therefore it will not be called an offence under the Indian Penal Code (IPC).
Allowing a petition filed by one Ambesh Mani Tripathi, Justice Neeraj Tiwari quashed the proceedings against the applicant under Section 306 (abetment to suicide) of the IPC read with section 3/4 Dowry Prohibition Act, going on in the Bhelupur police station of Varanasi district.
The case was being heard by additional chief standing counsel (ACJM), court, Varanasi.
It was alleged that the girl concerned committed suicide when the applicant refused to solemnize the marriage, which had been fixed earlier.
The counsel for the applicant argued that considering Section 306 of the IPC, if the version stated in the FIR is treated to be correct, no case is made out for abetment to suicide. A suicide note has also been recovered in which deceased only stated that due to denial of marriage, she committed suicide and for that, applicant has no concern and not responsible.
He next submitted that denial of marriage may not come within the category of abetment to suicide in light of Section 306 IPC read with section 107 IPC (definition of abetment).
While setting aside the entire criminal proceedings against the applicant, the court in its judgment observed, “Section 107 IPC read with section 306 IPC is very much clear for abetment of a thing.
Instigation is the first condition, second condition is engagement of one or more persons in any conspiracy and further, an act or illegal omission in pursuance of conspiracy and the third thing is intention to do by any act or illegal omission. All these legal ingredients are fully missing in this case."
"In fact, only denial of marriage not coupled with any other fact does not come within the purview of abetment as defined in Section 107 IPC, therefore, it would not be an offence under Section 306 IPC. The judgments of apex court as well as many other courts, after considering the provisions of section 107 of IPC with section 306 IPC has taken the consistent view about abetment of suicide, which are supporting the case of applicant,” the court stated.