HIGH COURT: Refusal to marry is not the crime of abetment of suicide

PRAYAGRAJ

The Allahabad High Court  has held  that mere refusal of an arranged marriage cannot be considered as abetment of suicide.

Passing the above said order  Mr Justice Neeraj Tiwari, canceled the criminal case going on in the ACJM court in Varanasi’s Bhelupur police station on charges of abatement of suicide and breaking of marriage due to non-fulfillment of dowry demand.

According to the prosecution, the girl who committed suicide did not blame the petitioner for her death. The father of the deceased had lodged an FIR on charges of abetting suicide. The marriage was broken before the engagement due to non-fulfillment of dowry demand, due to which the victim committed suicide.

Council for the petitioner pleaded that refusing to marry cannot be considered as abetment to commit suicide. It is clear from the allegations of the FIR that the petitioner had never instigated. Government lawyer and complainant said that refusal to marry for dowry was the reason for suicide. The girl committed suicide due to the breakdown of her marriage.

Therefore, the petitioner is accused of the crime of abatement of suicide, which the court, considering the provisions of Section 107 and Section 306 of the Indian Penal Code, refused to accept as the crime of abetment due to lack of other evidence and canceled the case proceedings.