Orissa High Court: Refusal to Marry After Engagement Does Not Constitute Abetment of Suicide
The Orissa High Court has ruled that simply refusing to marry a girl after getting engaged does not amount to ‘abetment of suicide’ under Section 306 of the Indian Penal Code (IPC). This decision was rendered by a Single Bench of Justice Sibo Sankar Mishra, who quashed the criminal proceedings against the petitioner in the case.
Case Background
The petitioner, Dr. Priyank Tapuria, had been engaged to a Ph.D. scholar in Electrical Engineering. Their families had planned the marriage in 2019, but due to Dr. Tapuria’s medical studies at AIIMS Bhubaneswar, he requested a postponement. The girl’s family, unwilling to wait, arranged another engagement for her, but that too fell through.
In May 2021, the families decided to proceed with the marriage between the petitioner and the deceased, leading to an engagement ceremony. However, Dr. Tapuria later expressed reluctance to marry as he was preparing for a fellowship. Despite family pressure, he remained hesitant.
On the night of September 12-13, 2021, the deceased had a lengthy phone conversation with Dr. Tapuria. The next morning, she informed her mother about the conversation, expressing that the petitioner did not want to marry her and had rejected her pleas. Later that morning, the deceased was found hanging in her room.
Following this, her mother reported the incident to the police, leading to an investigation and subsequent charge-sheet against Dr. Tapuria for abetment of suicide under Section 306 IPC. The petitioner sought to quash the proceedings in the High Court.
Court’s Observations
Justice Mishra, after reviewing the case details and legal precedents, questioned whether the sequence of events or the petitioner’s actions directly led to the deceased’s decision to commit suicide.
The Court emphasized that the key element of mens rea (intent) required for an offense under Section 306 IPC was missing. The court noted that the prosecution’s charge-sheet indicated that the deceased was already under significant mental stress due to a previous broken engagement.
The Court stated, “The act of entering into the engagement with the deceased by the petitioner with reluctancy to marry her alone cannot be made a penal offense, much less under Section 306 IPC. Reluctance to give an irrevocable commitment for a lifetime and to take responsibility cannot culminate into mens rea to commit a criminal offense.”
The Bench highlighted that every relationship carries emotional weight, where rationality often takes a backseat. However, it asserted that Dr. Tapuria should have been clear about his intentions from the start.
Conclusion
The Court concluded that Dr. Tapuria’s conduct did not constitute abetment of suicide. Therefore, it quashed the criminal proceedings and the order taking cognizance against him.
Case Details:
- Case Title: Dr. Priyank Tapuria v. State of Orissa & Anr.
- Case No: CRLMC No. 385 of 2023
- Date of Judgment: June 20, 2024
- Counsel for the Petitioner: Mr. Samir Kumar Mishra, Sr. Advocate
- Counsel for the Respondents: Mr. P.K. Maharaj, Addl. Standing Counsel for the State; Mr. Himanshu Sekhar Mishra, Advocate for the complainant
[Click Here To Read/Download the Order]
