VidhiSangh

Supreme Court of India · 30/04/2025

SHENBAGAVALLI AND ORS. versus THE INSPECTOR OF POLICE, KANCHEEPURAM DISTRICT AND ANR.

[2025] 4 S.C.R. 2451 · 2025 INSC 607

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Summary

The relatives of the deceased's wife were chargesheeted under Section 306 IPC on the strength of a suicide note describing a confrontation on 10.11.2013, about a month before the suicide on 09.12.2013, with no contact in between. The Supreme Court held that abetment requires a positive act of instigation or aid proximate to the suicide and visible mens rea; insulting words a month earlier do not suffice, so the proceedings were quashed as an abuse of process.

Issues

  1. Whether the allegations in the FIR and the suicide note make out the ingredients of abetment of suicide under Section 306 read with Section 107 IPC.
  2. Whether harassment or insults about a month before the suicide, with no contact in the interval, can amount to proximate instigation.
  3. Whether the High Court erred in declining to quash the chargesheet under Section 482 CrPC.

Provisions considered

Held

Result

Appeals allowed; High Court judgment dated 13.04.2018 set aside; proceedings in S.C. No. 9 of 2016 before the Assistant Sessions Judge, Kanchipuram, quashed; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 2451.