In a significant ruling, the Allahabad High Court has set aside the Auraiya Sessions Court’s order that had earlier refused to discharge three accused in a case registered under Section 306 of the Indian Penal Code (abetment of suicide). Justice Sameer Jain, while pronouncing the order on September 8, 2025, allowed the criminal revision filed by the accused, including the wife and in-laws of the deceased.
Background
The case stems from an FIR lodged on November 14, 2022, at Dibiyapur Police Station, Auraiya. The complaint was filed by the father of the deceased, alleging that his son's wife, Rachana Devi (revisionist no.1), along with her parents (revisionist nos. 2 and 3), had subjected his son to constant humiliation. According to him, this persistent harassment drove his son to commit suicide on November 13, 2022.
The FIR also pointed out earlier disputes between the couple, including a case lodged by the wife under Sections 498-A, 323, 504, 506 IPC and the Dowry Prohibition Act against her husband’s family. While some disputes were settled, tensions allegedly continued, culminating in the tragic death.
The trial court had rejected the discharge plea of the accused on October 19, 2023, leading to the present revision before the High Court.
Court's Observations
Justice Jain took note of the statements of neighbours and other witnesses, which revealed frequent quarrels between the husband and wife. However, the Court stressed that,
"mere matrimonial discord or domestic quarrels, however unpleasant, cannot automatically be treated as abetment to suicide."
The bench referred to several Supreme Court precedents, including Ramesh Kumar v. State of Chhattisgarh and Swamy Prahaladdas v. State of M.P., highlighting that casual remarks like "go and die," made during heated arguments, cannot be treated as instigation unless backed by a clear intent to provoke suicide.
"The law is settled that at the stage of discharge, the Court must see if a prima facie offence is made out. Allegations of general harassment without evidence of instigation or mens rea (guilty intent) cannot sustain a charge under Section 306 IPC," the Court observed.
The High Court further noted that even if the prosecution’s case was taken at face value, there was no material to suggest that the accused had the deliberate intention to push the deceased to suicide. Differences in domestic life, the Court said, were unfortunately common, and suicide often depends on the mental state of the victim rather than mere quarrels.
Decision
Concluding that the trial court had failed to properly appreciate the evidence, Justice Jain held the Auraiya Sessions Court’s order as illegal. The discharge application, earlier rejected, was restored in favour of the accused.
"From the discussion made above, it reflects, no prima facie offence under Section 306 IPC is made out against the revisionists… Accordingly, the impugned order dated 19.10.2023 is set aside," the Court ordered, allowing the revision petition.
The case:- Rachana Devi and 2 Others v. State of U.P. and Another, Criminal Revision No. 5794 of 2023-thus ends at this stage with the accused discharged from abetment charges.
