Not Every Marital Conflict Leads to Crime”: HC quashes Abetment Case, Acquits Wife in Suicide Case

Recently, in a crucial clarification of the law on abetment of suicide, the Bombay High Court has quashed criminal proceedings against a woman accused of driving her husband to suicide, holding that matrimonial discord by itself cannot attract penal liability. The Court emphasised that emotional strain arising out of strained marital relations cannot be equated with legal “instigation,” reinforcing that criminal culpability demands a far higher and clearly established threshold.

The case arose from a 2019 incident in Amravati where a man died by suicide, allegedly by jumping in front of a train. Following his death, the father accused the wife of harassment, leading to charges of abetment. However, the material before the Court revealed a strained marriage marked by mutual allegations, including suspicion over character and ongoing disputes. Both spouses had lodged complaints against each other, pointing to a deteriorating relationship rather than unilateral cruelty. Notably, the suicide note referred to “torture” but also stated that no one was responsible for the act, raising serious doubts about the prosecution’s claim of instigation.

Justice Urmila Joshi Phalke emphasised that the law requires clear evidence of instigation, such as active provocation or encouragement, to sustain a charge of abetment. The Court held, “Suicide cannot be attributed to any of the spouses, merely because there is a matrimonial dispute.” It further clarified that even persistent discord or harsh words exchanged in anger do not automatically establish the intent necessary for criminal liability. Finding no proximate link between the wife’s conduct and the suicide, and noting the absence of any direct or indirect incitement, the Court concluded that the essential ingredients of abetment were missing.

Consequently, the FIR and all related proceedings were quashed.

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