The Supreme Court has held that mere refusal to marry not instigation under Section 107 IPC, while quashing an FIR registered against a man accused of abetment of suicide.

The Court clarified that emotional hurt caused by refusal to marry, without any active or direct provocation, cannot constitute instigation as defined under the Penal Code.

A Division Bench comprising Justice JB Pardiwala and Justice KV Viswanathan allowed the appeal filed by Yadwinder Singh @ Sunny, who had challenged the Punjab and Haryana High Court’s refusal to quash an FIR registered under Section 306 IPC.

The FIR, filed by the deceased woman’s mother, alleged that her daughter, a government advocate, had taken poison after Singh withdrew from their proposed marriage.

The prosecution alleged betrayal after assurances that he would convince his family to agree to the marriage.

However, the Bench held that even accepting the allegations at face value, the essential ingredients of abetment of suicide were missing.

The Court relied on precedents including Nipun Aneja v. State of Uttar Pradesh and Geo Varghese v. State of Rajasthan, reaffirming that abetment demands a clear mental process of instigating, aiding, or goading the deceased to end life.

The judgment noted:

“The ingredients to constitute an offence under Section 306 IPC would stand fulfilled only if the suicide is the result of direct and alarming encouragement or incitement by the accused, leaving no alternative for the deceased.”

Reiterating its stance, the Court emphasized that mere refusal to marry even if true by itself would not amount to instigation as explained under Section 107 IPC.

The Bench observed that while the deceased may have been emotionally distressed or disappointed, such circumstances cannot be stretched to mean that the accused intended or encouraged her to commit suicide.

The judges expressed empathy for the tragedy, remarking:

“It is indeed painful that a young girl chose to end her life. She may have been hurt and impulsive in that moment. Yet, as judges, we are bound to decide based on evidence and law.”

Finding no material to sustain the criminal charge, the Supreme Court quashed FIR No. 273 of 2016 registered at Chheharta Police Station, Amritsar, along with all consequential proceedings before the Additional Sessions Judge, Amritsar.

The Court concluded that putting the appellant on trial would be

“nothing short of a travesty of justice,”

reaffirming that mere refusal to marry not instigation under Section 107 IPC remains the settled legal position.

Case Details

• Case Title: Yadwinder Singh @ Sunny v. State of Punjab & Anr
• Bench: Justice JB Pardiwala and Justice KV Viswanathan
• Date of Judgment: 2 November 2025

Follow The Legal QnA For More Updates…