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Case Overview :

Case Name :Yadwinder Singh @ Sunny v. State of Punjab & Anr.

A Bench of Justice JB Pardiwala and Justice KV Viswanathan of the Supreme Court of India heard an appeal filed by Yadwinder Singh @ Sunny . The appellant challenged the Punjab and Haryana High Court’s order which had refused to quash an FIR under Section 306 of the Indian Penal Code (IPC) . The FIR was filed by the deceased’s mother alleging that her daughter, a government advocate, died by suicide after the accused backed out from marriage .

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Key Aspects:

Before examining the legal provisions, the Court analysed whether the accused’s refusal to marry could amount to instigation or abetment under the IPC . It assessed the prosecution’s claim that the accused’s conduct directly led to the deceased’s suicide .

• The FIR accused Yadwinder Singh of betrayal after promising marriage to the deceased .

• The prosecution alleged emotional distress caused by his refusal led to her suicide .

• The Court found no positive act or intention showing “instigation” as required under Section 107 IPC .

• The emotional hurt felt by the deceased did not constitute criminal abetment .

Legal Insights :

The Bench clarified the distinction between emotional distress and legally punishable abetment . It reiterated that criminal abetment requires a clear, intentional act under law .

• Section 306 IPC: Punishes abetment of suicide with imprisonment up to ten years and fine .

• Section 107 IPC : Defines “abetment” as instigating, engaging in conspiracy, or intentionally aiding another to commit an act .

• The Court, relying on Nipun Aneja vs. State of U.P. and Geo Varghese vs. State of Rajasthan held that instigation must involve active encouragement or aid .

• Mere refusal to marry, even if emotionally upsetting, does not meet the threshold of “intentional instigation” under Section 107 IPC .

Court’s Verdict :

Allowing the appeal, the Supreme Court of India quashed FIR No. 273 of 2016 registered at Chheharta Police Station, Amritsar . The Court stated that there was no direct act or incitement by the accused to cause suicide . It termed continuation of proceedings a “travesty of justice,” reaffirming that mere refusal to marry not instigation under S.107 IPC .

Source – Supreme Court of India 

Read also – IPC

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