SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(SC) 1900

SUPREME COURT OF INDIA
J.B.Pardiwala, K.V. Viswanathan, JJ.
Yadwinder Singh @Sunny - Appellant
Versus
State Of Punjab & Anr.- Respondents
Criminal Appeal No. 4624 of 2025 (@ Petition for Special Leave to Appeal (Crl.) No.7309 of 2025)
Decided On : 27-10-2025

Advocates Appeared:
For the Petitioner: Mr. P. S. Patwalia, Sr. Adv. Ms. Deveshi Chand, Adv. Mr. Agam Aggarwal, Adv. Mr. Chritarth Palli , AOR
For the Respondent: Mr. Karan Sharma, AOR

Refusal to marry does not constitute instigation required under IPC Section 306 for abetment of suicide; clear intention and action must be proven.

Headnote:(A) Criminal Procedure Code, 1973 - Section 482 - Indian Penal Code, 1860 - Section 306 - Quashing of FIR - Appellant sought quashing of FIR alleging abetment of suicide due to refusal to marry - High Court rejected petition - Supreme Court found no ingredients to constitute offense of abetment, affirming that mere refusal to marry does not amount to instigation required for Section 306 - Court quashed FIR stating trial would be unjust and unnecessary. (Paras 2, 15, 18, 20, 21)

Facts of the case:
The appeal arose from a petition under Section 482 of the Cr.P.C. filed by the appellant following a rejection of his plea to quash FIR alleging he instigated the deceased to commit suicide due to his refusal to marry her. The deceased died after consuming poison, leading to allegations against the appellant based on her mother’s statements about their relationship.

Findings of Court:
The court found that none of the ingredients to constitute the offense of abetment under Section 306 IPC were evident, emphasizing the legal requirement of intention and action that led to the suicide.

Issues: Whether the appellant could be held responsible for abetting the suicide of the deceased in light of the evidence presented.

Ratio Decidendi: The court reiterated that to establish abetment, there must be clear instigation or encouragement towards the act of suicide, which was absent in this case. Mere refusal to marry, regardless of emotional implications, does not equate to criminal liability under Section 306 IPC.

Result: Appeal allowed, and the FIR quashed.

Table of Content
1. understanding the context of the fir (Para 2 , 3 , 4 , 5)
2. details of relationship and allegations (Para 6 , 7 , 8 , 9 , 10)
3. arguments regarding appellant's intentions (Para 11 , 12)
4. legal analysis of abetment of suicide (Para 15 , 16 , 17 , 18)
5. outcome of the appeal (Para 20 , 21 , 22)

ORDER :

1. Leave granted.

2. This appeal arises from the judgment and order passed by the High Court of Punjab and Haryana dated 17.3.2025 in CRM-M- No.41256 of 2018 by which the petition filed by the appellant herein under Section 482 of the CRIMINAL PROCEDURE CODE , 1973 (for short “the Cr.P.C.") seeking quashing of the First Information Report bearing No.273/2016 dated 7.11.2016 registered with the Chherreta Police Station, Amritsar City, District Amritsar for the offence punishable under Section 306 of the INDIAN PENAL CODE , 1860 (for short “the IPC”) came to be rejected.

3. The First Information Report lodged by the mother of the deceased reads thus:-

"Statement of Smt. Surinder Kaur wife of Sm. Ravinder Singh, caste jat, resident of C-21, Officer Enclave, Near Thumbs Up Factory, Chhehrata, District Amritsar aged about 51 years. It is stated that I am resident of the above and I am a household lady. I have two children, my elder daughter Pardeep Kaur is working as a Government Advocate and is posted at Amritsar and the younger son Gurtej Singh is residing in Australia for the past 8 years. My husband Ravinder Singh is an agriculturist. Yesterday on 6.11.2016 we had gone to some marriage in relationship. Yesterday being Sunday I and my daughter Pardeep Kaur were alone in the house. My daughter Pardeep Kaur was reading her documents and books in the upper portion of the house. At about 5.30 p.m., in the evening Gurmej Singh, who is a private Advocate and also knows my daughter came to our house and asked me as to where is Pardeep and I told him that she is studying in the upstairs room, who called once or twice, but there was no answer and I and Gursher Singh went to the upstairs room and called my daughter and the door of the room was closed and my daughter opened the room and at that time she was vomiting and I telephoned the friend of my son Tejinder Singh son of Jaswinder Singh resident of Bhalla Colony, Chheharata, and we took my daughter to Arora Hospital, who said that you take her to Escort Hospital in our Ambulance, since the matter is serious and we got our daughter admitted in Escort Hospital and during treatment my daughter died at about 11.30 p.m. at night. The reason for the death of my daughter is that there were good relations between my daughter and Yadwinder Singh alias Sunny son of Balwinder Singh, resident of Verka, who is also a Government Advocate and is posted at Batala and last year in 2015 Yadwinaer Singh alias Sunny came to our house and told me that Aunty do not marry Pardeep anywhere else and we like each other and my father is little annoyed and I shall make him understand soon and we shall get married. Then after some time, Yadwinder Singh backed out of marrying my daughter and my daughter told this to us. My daughter has committed suicide after taking some poisonous substance being fed up with Yadwinder Singh. The reason for the death of my daughter is Yadwinder Singh. Strict legal action be taken against Yadwinder Singh alias Sunny son of Balwinder Singh resident of Verka. I have got my statement recorded. I have heard it. It is correct.

Sd/- Surinder Kaur. Verified:

Karamjit Singh.

ASI P.S. Chhehrata,

District Amritsar.

Dated 7.11.2016."

4. It appears that two days later from the date of registration of the FIR the mother of the deceased gave a supplementary statement before the Police under Section 161 of the Cr.P.C. The same reads thus:-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top