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"Manhood Taunts" and Marital Fallout: Calcutta HC Clears Wife and Father in Suicide Abetment Case
In a significant ruling on marital discord and criminal liability, the has quashed proceedings against Shreya Basak and her father under . Justice Dr. Ajoy Kumar Mukherjee emphasized that mere allegations of humiliation or refusal to reconcile do not meet the stringent threshold for abetment, delivering relief to the petitioners accused in the suicide of Arijit Samaddar.
A Marriage Marred by Hidden Health Issues
Shreya Basak married Arijit Samaddar on . Soon after, she allegedly discovered epidermoid cysts on his scrotum, undisclosed before the wedding. Despite her pleas for medical treatment, Arijit reportedly refused, pressuring her to leave. Shreya left the matrimonial home in without filing any complaints. She returned briefly on , to retrieve belongings amid refused reconciliation, with no further contact. Tragically, Arijit died by suicide on , at his residence, where his parents (complainant OP No. 2) found a diary note blaming Shreya, her father, sister, and relatives. This led to Case No. 222/2022, now GR Case 3892/2022 before .
The core legal questions: Do expressions of dissatisfaction, alleged insults, or a suicide note naming family members establish abetment under ? Is there sufficient proximity and absent direct ?
Petitioners' Plea: No , No Proximity
Senior Advocates and argued the suicide note—authenticated but vague—lacks specifics on how petitioners instigated the act. Post-July 2, no meetings or calls occurred; suicide came 2.5 months later at Arijit's home with his parents present. They stressed requires visible : , , or . Ordinary marital friction, even abusive remarks, doesn't suffice without a "" compelling suicide. Citing precedents like , they noted demands goading with foreseeable consequences, not emotional outbursts. Frivolous FIRs by in-laws to harass were alleged, warranting quashing under .
Prosecution's Push: Mental Torture and Viral Humiliation
OP No. 2's counsel, , countered that Arijit's non-infectious pimples didn't bar relations, yet Shreya allegedly abused him during visits to her home (Feb-Mar 2022) and threatened on . A photo of his private parts was "made viral," causing unbearable cruelty. Two diaries contained the note holding petitioners responsible; witnesses mentioned insults labeling him impotent. Basu urged trial to prove these, dismissing remoteness.
Dissecting Abetment: Courts Demand More Than Hurt Feelings
Justice Mukherjee meticulously parsed , requiring , , or aid. The suicide note laments mental pain from a circulated photo (July 2 onward) and family heckling but names parties without detailing acts. No evidence pins petitioners to the photo or post-July threats. Witnesses offered hearsay on "wife's fault."
Drawing from State of WB v. Orilal Jaiswal (1994 SCC), the court cautioned against convicting on hypersensitivity to "ordinary petulance" in marriages. Chitresh Kumar Chopra (2009 SCC) demands intent to provoke suicide, impossible via "." Echoing recent Shenbagavalli v. Inspector of Police (2025 SCC Online SC 987)—near-identical facts of impotence taunts a month prior—the bench found no direct inducement, mere frustration from discord.
Remarks questioning manhood, even if made, are "too remote and indirect" without pushing the deceased "to the edge."
fails sans threats causing alarm for unlawful acts. As media reports noted,
"questioning husband's manhood does not amount to abetment,"
aligning with the verdict's thrust against weaponizing suicides in matrimonial feuds.
Key Observations from the Bench
"There is absolutely no averment in the suicide note that the present petitioners had caused any harm to victim nor how each of them were responsible for abetting the victim to commit suicide."(Para 14)
"In order to prove there has to be something on record to establish that the petitioners herein had a guilty mind and in furtherance of which they abated the suicide of the deceased."(Para 7)
"Victim might had hypersensitiveness to ordinary petulance, discord and differences in marital life, which is otherwise quite common... but such discord... are not expected to induce a similarly circumstanced individual... to commit suicide."(Para 24)
"Merely on the basis of the allegations of harassment and that too... with in between there being no contact... cannot be presumed."(Para 28, referencing Shenbagavalli)
Gavel Falls: Proceedings Erased, Precedent Set
"CRR 4048 of 2024 is allowed. The impugned proceeding... is hereby quashed."
(Para 33)
This ends the case, shielding petitioners from trial. Practically, it discourages vague suicide-note prosecutions in marital disputes, demanding proximate, intentional acts. Future cases must prove beyond emotional sensitivity, potentially curbing in-law vendettas while safeguarding genuine abetment claims.
