Supreme Court of India
AYYUB & ORS.versusSTATE OF UTTAR PRADESH & ANR.
- Citation
- 2025 INSC 168
- Decided
- 6 February 2025
- Disposal
- Appeal(s) allowed
- Bench
- SANJIV KHANNA
Holding
The Supreme Court held that the allegations do not satisfy the essential ingredients of Section 306 IPC, and therefore the proceedings against the appellants must be quashed.
Summary
The case arose from a suspected romantic relationship between Ziaul Rahman and his cousin Tanu. After Ziaul’s death in a physical assault, Tanu allegedly committed suicide, and the complainant Vijay (R‑2) filed an FIR accusing the appellants of abetting her suicide under Section 306 IPC. The High Court refused to quash the proceedings, holding that a proximate link existed between the alleged verbal insults and the suicide. On appeal, the Supreme Court examined whether the ingredients of Section 306 – specific intent to induce suicide and a causal connection – were established. The Court found that the charge‑sheet relied solely on a one‑sided version, the alleged utterance did not leave the victim with no alternative, and no independent investigation was conducted. Consequently, the Court held that the case did not satisfy the legal requirements for abetment of suicide and ordered a reinvestigation while quashing the proceedings. The appeal was allowed.
Issues considered
- Whether the factual allegations satisfy the essential ingredients of Section 306 IPC for abetment of suicide.
- Whether the High Court erred in declining to quash the criminal proceedings against the appellants.
- Whether the investigation conducted was sufficient to sustain a charge under Section 306 IPC.
Legislation cited
- Code of Criminal Procedure, 1973s. 161
- Indian Penal Code, 1860s. 107, s. 306
Subjects
Section 306 of Penal Code, 1860Abetment of SuicideIngredients of Section 306 of Penal Code, 1860Incitement to commit suicideIntentionAid or instigate or abetSuspected RelationshipVerbal utterancesInsultHumiliatedTorturedAlleged harassmentNo other alternative‘go and die’QuashingOne-sided, partial and inimical investigationReinvestigationUnnatural Death
Judgment
[2025] 2 S.C.R. 452 : 2025 INSC 168
Ayyub & Ors.
v.
State of Uttar Pradesh & Anr.
(Criminal Appeal No. 461 of 2025)
07 February 2025
[Sanjiv Khanna, CJI, Sanjay Kumar and
K.V. Viswanathan,* JJ.]
Issue for Consideration
Issue arose as regards the correctness of the order of High Court
declining to quash the proceedings against the appellants u/s.306,
Penal Code, 1860.
Headnotes†
Penal Code, 1860 – s.306 – Abetment of suicide – When
not – FIR filed by first appellant-father of ‘Z’ against family
of ‘T’ alleging that on suspicion of his relationship with ‘T’
they had beaten ‘Z’ with sticks and fists as a result of which
he died – R-2 (cousin brother of ‘T’) filed FIR against the
appellants for abetment of suicide of ‘T’ alleging that through
verbal utterances they humiliated and tortured ‘T’ and she
committed suicide – Offence u/s.306, if made out against the
appellants:
Held: No – None of the ingredients required to make out a
case u/s.306 is even remotely mentioned in the charge-sheet or
borne out from the material on record – There is only one sided
version of the complainant-R-2– Charge-sheet proceeded in
an unidimensional manner by accepting the version of R-2 and
his family members as the gospel truth – Even if the utterance
attributed to the appellants is assumed to be true it cannot be
said to be of such a nature as to leave the deceased with no
other alternative but to put an end to her life – No investigation
was done to explore any other angle – The prior lodging of the
FIR by the first appellant against the family of ‘T’ for the death
of his son ‘Z’ indicates an element of desperation on the part
of R-2 to somehow implicate the appellants – Reliance of the
* Author
[2025] 2 S.C.R. 453
Ayyub & Ors. v. State of Uttar Pradesh & Anr.
statements u/s.161, CrPC belatedly also reinforces the suspicion
of one-sided, partial and inimical investigation– Reinvestigation
directed – Proceedings against the appellants quashed. [Paras
15, 16, 21, 22, 24]
Penal Code, 1860 – ss.306, 107 – Ingredients of s.306 –
Discussed.
Case Law Cited
Swamy Prahaladdas v. State of M.P. and Another (1995) Supp. 3
SCC 438; Madan Mohan Singh v. State of Gujarat and Another,
[2010] 10 SCR 351 : (2010) 8 SCC 628; Amalendu Pal alias
Jhantu v. State of West Bengal [2009] 15 SCR 836 : (2010) 1
SCC 707; M. Mohan v. State (2011) 3 SCC 626; Ramesh Kumar
v. State of Chhattisgarh [2001] Supp. 4 SCR 247 : (2001) 9
SCC 618; Mahendra Awase v. The State of Madhya Pradesh,
2025 INSC 76 – referred to.
List of Acts
Penal Code, 1860; Code of Criminal Procedure, 1973.
List of Keywords
Section 306 of Penal Code, 1860; Abetment of Suicide; Ingredients
of Section 306 of Penal Code, 1860; Incitement to commit suicide;
Intention; Aid or instigate or abet; Suspected Relationship; Verbal
utterances; Insult; Humiliated; Tortured; Alleged harassment; No
other alternative; ‘go and die’; Quashing; One-sided, partial and
inimical investigation; Reinvestigation; Unnatural Death.
Case Arising From
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
461 of 2025
From the Judgment and Order dated 27.07.2023 of the High Court
of Judicature at Allahabad in A482 No. 45969 of 2023
Appearances for Parties
Bhuwan Raj, Ms. Manju Savita, Ms. Kiran Dhawan, Raman Singh,
Advs. for the Appellants.
454 [2025] 2 S.C.R.
Digital Supreme Court Reports
Vishwa Pal Singh, Ms. Preeti Goel, Dhawal Uniyal, Ashutosh
Bhardwaj, Mukesh Kumar, Prateek Rai, Divyesh Pratap Singh,
Amit Sangwan, Ashu Bhindwar, Ms. Sneha Chandna, Varun Singh,
Vikram Pratap Singh, Advs. for the Respondents.
Judgment / Order of the Supreme Court
Judgment
K.V. Viswanathan, J.
1. The present criminal appeal calls in question the correctness of the
order dated 27.07.2023 passed by the High Court of Judicature
at Allahabad in Application under Section 482 Cr.P.C. No. 25969
of 2023. By the said order, the High Court declined to quash the
proceedings instituted against the appellants under Section 306 of
the Indian Penal Code, 1860 (for short ‘IPC’).
2. The facts of the case are rather unfortunate. It has its origin in a
suspected relationship between the son of the first appellant, one
Ziaul Rahman (since deceased) and Tanu (since deceased), the
cousin sister of respondent no. 2.
3. On 02.11.2022 at 19:15 hrs, the first appellant Ayyub lodged a
first information report alleging that Bhuru @ Janeshwar (relative
of deceased Tanu), Maneshwar Saini (father of deceased Tanu),
Priyanshu, and Shivam (brother of Tanu) beat his son Ziaul Rahman
with sticks and fists. According to the complaint, this was on suspicion
about the relationship between Ziaul Rahman and Tanu. According
to the FIR, the incident was witnessed by Saleem Ahmed and Abdul
Rehman. It was also averred that while being taken for treatment, after
being referred to a higher centre by Medigram Hospital, Saharanpur,
Ziaul Rahman died. It was mentioned that the body was kept in the
mortuary and the first appellant had come to the police station and
lodged First Information Report No. 366 at PS Rampur Maniharan,
District Saharanpur. According to the prosecution, Ziaul Rahman
suffered 14 injuries on his body and the cause of death was shock
and haemorrhage due to ante mortem injuries. Pursuant to the
investigation, a charge-sheet has been filed and charges have been
framed for commission of offence under Section 304 IPC. We are
[2025] 2 S.C.R. 455
Ayyub & Ors. v. State of Uttar Pradesh & Anr.
informed that proceedings at the behest of the family of Ziaul Rahman
for enhancement of the charge to Section 302 IPC are pending.
4. On 03.11.2022 at around 17:07 hrs, the respondent no. 2-Vijay
lodged a First Information Report No. 367 at PS Rampur Maniharan,
District Saharanpur. In the FIR, the appellants herein were arrayed
as accused on the accusation that they abetted the suicide of the
deceased Tanu and committed offence under Section 306 IPC.
5. The gravamen of the allegation was that on 02.11.2022, at around
08:00 am, at the residence of the complainant’s uncle Janeshwar,
the appellants came there and told the complainant’s cousin Tanu, “
because of you our boy has died, why you do not die”. According to
the FIR, so saying, they humiliated Tanu and tortured her and said
that they will file a case against her and also get her arrested and
humiliate her in society so that she will not be able to face anyone
in the society.
6. According to the complainant, scared of the insult and humiliation,
his cousin sister Tanu, between 10:30 am to 11:00 am committed
suicide being hurt by the statements. The complainant mentioned
that the incident concerning the verbal utterances at 08:00 am was
witnessed apart from R-2, by Sushil S/o Jal Singh and Anil S/o Rahtu.
7. It was further stated that the deceased was cremated and that
complainant-R-2 came to lodge the report. The statement of
respondent no. 2-Vijay Saini was recorded on 07.11.2022. The
statements of Sushil Singh S/o Jal Singh and Mrs. Sunesh W/o
Janeshwar were recorded on 08.11.2022 and 22.11.2022 respectively.
The statements parroted the FIR virtually verbatim. The only addition
being that while the FIR refers to Sushil and Anil as being present
along with R-2 Vijay, whereas in the statements Mrs. Sunesh also
claims to have been present.
8. It further transpires from the application for quash that based on the
information given by the ward boy of the hospital on 02.11.2022, the
same was registered at Police Station G.D. 37 at 01:14 pm and then
panchayatnama of deceased Tanu was conducted at the hospital in
the presence of her family members.
9. Thereafter, it is clear from the counter affidavit of R-2 filed in this
Court that at 05:00 pm on 02.11.2022, post-mortem was conducted
456 [2025] 2 S.C.R.
Digital Supreme Court Reports
at SBD Hospital, Saharanpur and the following injuries were noticed
on the deceased Tanu:-
“1. ligature mark (24 cm x 1.5 cm) oblique, non-continuous,
placed high up in the neck, between the thin and larger in
position 5 cm below chin, 3 cm below outer angle of right
_____ of cm below from right ear, 4.5 cm below from outer
angle of left ____ and 6 cm below left ear.
Subcutaneous tissues under the ligature mark are white,
hard and glistering.
2. multiple linear abrasion (11 cm x 5.5 cm) on front of neck.
3. linear abrasion 5 cm long on front of neck lower part.
4. linear abrasion 5 cm long on front of left forearm just
above left wrist joint.
The cause of death was opined as ‘Asphyxia as the result
of ante-mortem hanging and viscera was preserved for
chemical analysis.”
The FIR, however, came to be registered on 03.11.2022 at 17:07 hrs.
10. The appellants obtained anticipatory bail from the High Court till the
filing of the police report. The police filed final report against the
appellants under Section 306 IPC on 02.05.2023. The police report
does nothing more than reiterating the contents of the FIR. The
Judicial Magistrate, Saharanpur, after perusing the charge-sheet,
took cognizance of the offence against the appellants in case No.
2843 of 2023 (arising out of Crime No. 367 of 2022, Police Station :
Rampur Maniharan) and issued summons on 17.06.2023 returnable
on 11.07.2023.
11. The appellants approached the High Court with an application
under Section 482 Cr.P.C. in Criminal Miscellaneous Application No.
25969 of 2023 seeking for quashment of the charge-sheet dated
02.05.2023 and the criminal proceedings in criminal case No. 2843
of 2023. It was averred that none of the ingredients to make out an
offence under Section 306 IPC are attracted. Post the filing of the
police report, the appellant no. 1-Ayyub and appellant no. 3-Haroon
obtained pre-arrest bail from this Court by order dated 05.12.2023.
[2025] 2 S.C.R. 457
Ayyub & Ors. v. State of Uttar Pradesh & Anr.
12. The High Court of Judicature at Allahabad dismissed the Application
under Section 482 Cr.P.C. by holding that, on facts, proximate link
between the unfortunate incident of suicide by Tanu and the act of
the accused existed. The High Court also recorded that Tanu was
a hypersensitive girl and she was very much depressed and felt
humiliated among her family members, friends and in the society.
The judgments cited by the appellants were distinguished and that
the High Court held that it did not feel it appropriate to quash the
proceedings at that stage. So holding, the High Court dismissed the
Application under Section 482 Cr.P.C. Aggrieved, the appellants are
in appeal before us.
13. We have heard Mr. Bhuwan Raj, learned counsel for the appellants
as well as Mr. Vishwa Pal Singh, learned counsel for the State and
Mr. Divyesh Pratap Singh, learned counsel for the complainant, R-2.
We have also carefully perused the records.
14. At the outset itself, we notice certain disturbing and peculiar features
that obtain in this case. The first appellant who lost his son, lodged
the first complaint on 02.11.2022 at 19:15 hrs. By the said time the
body was in the mortuary. It transpires from the first information
report lodged on 03.11.2022 at 17:07 hrs by the respondent no. 2
that Tanu had committed suicide at around 10:30 am to 11:00 am
on 02.11.2022. Regarding the death of Tanu, it was mentioned in
the application for quash that the G.D. entry at the behest of the
ward boy of the hospital was registered on 02.11.2022 at 01:14 pm.
It was also mentioned that an inquest was held in the hospital on
the said day. Admittedly, the post-mortem of Tanu was also held at
05:00 pm on 02.11.2022. However, the FIR came to be registered
only on 03.11.2022 at 17:07 hrs.
15. It is intriguing that the police authorities, merely by recording the
statements of the complainant Vijay, Sunesh W/o Janeshwar and
Sushil who have simply parroted the contents of the FIR, proceeded
to file the charge-sheet against the appellants. On our repeated
queries to the counsel for the State as to whether any investigation
to explore any other angle was pursued, we were met only with a
stoic silence.
16. We are today left with the one sided version of the complainant
R-2. Was there anything more sinister? Even if it was suicide what
was the real cause? Was the deceased Tanu distraught with what
458 [2025] 2 S.C.R.
Digital Supreme Court Reports
happened to her friend Ziaul Rahman? Considering the under-currents
and the disapproval of the relationship, was there any instigation for
the suicide from any other quarter? Did the deceased Tanu resort
to the extreme action of taking away her own life due to the ugly
turn of the events and due to the fact that her family members were
suspected to be involved? We have no answers today. Only an
independent, thorough and comprehensive investigation will bring to
light the true story. The charge-sheet, as it stands, appears to have
proceeded in an unidimensional manner by accepting the version of
the complainant (R-2) and his family members as the gospel truth.
17. We find that based on the charge-sheet filed by the police on
02.05.2023 and the cryptic order of cognizance dated 17.06.2023,
the proceedings cannot be allowed to be carried on against the
appellants. Even taking the allegation on a demurrer, on the facts
of the case, an offence under Section 306 IPC cannot be said to
be made out against the appellants. The law on Section 306 IPC
is well settled.
18. In Swamy Prahaladdas vs. State of M.P. and Another (1995
Supp (3) SCC 438), the appellant remarked to the deceased that
‘go and die’ and the deceased thereafter committed suicide. This
Court held that :-
“…. Those words are casual nature which are often
employed in the heat of moment between quarrelling
people. Nothing serious is expected to follow thereafter.
The said act does not reflect the requisite means rea on
the assumption that these words would be carried out in
all events….”
19. By a long line of judgments, this Court has reiterated that in order to
make out an offence under Section 306 IPC, specific abetment as
contemplated by Section 107 IPC on the part of the accused with
an intention to bring about the suicide of the person concerned as a
result of that abetment is required. It has been further held that the
intention of the accused to aid or instigate or to abet the deceased
to commit suicide is a must for attracting Section 306 IPC [See
Madan Mohan Singh vs. State of Gujarat and Another (2010) 8
SCC 628 ]. Further, the alleged harassment meted out should have
left the victim with no other alternative but to put an end to her life
and that in cases of abetment of suicide there must be proof of direct
[2025] 2 S.C.R. 459
Ayyub & Ors. v. State of Uttar Pradesh & Anr.
or indirect acts of incitement to commit suicide [See Amalendu Pal
alias Jhantu vs. State of West Bengal (2010) 1 SCC 707 and M.
Mohan vs. State (2011) 3 SCC 626 and Ramesh Kumar vs. State
of Chhattisgarh (2001) 9 SCC 618].
20. These principles have been reiterated recently by this Court in
Mahendra Awase vs. The State of Madhya Pradesh, 2025 INSC 76.
21. We find none of the ingredients required in law to make out a
case under Section 306 IPC to be even remotely mentioned in the
charge-sheet or are being borne out from the material on record.
The utterance attributed to the appellants assuming it to be true
cannot be said to be of such a nature as to leave the deceased
Tanu with no other alternative but to put an end to her life. The
surrounding circumstances, particularly the prior lodgment of the
FIR by the first appellant against the family of Tanu for the death
of his son Ziaul Rahman, does indicate an element of desperation
on the part of the respondent no. 2 to somehow implicate the
appellants. Reliance of the statements recorded under Section
161 Cr.P.C. belatedly on 07.11.2022, 08.11.2022 and 22.11.2022,
only reinforces out suspicion viz. one-sided, partial and inimical
investigation. Under these circumstances, proceeding with the trial
against the appellants in the charge-sheet as filed will be a gross
abuse of process.
22. As pointed out earlier, the case has several disturbing features which
call for a reinvestigation, which we propose to order based on the
observations made hereinabove. The Director General of Police,
Law and Order, State of Uttar Pradesh is directed to constitute a
Special Investigation Team headed by an officer of the level of Deputy
Inspector General of Police to investigate the unnatural death of Tanu
D/o Janeshwar R/o Rampur Maniharan, District Saharanpur. We
authorize the Special Investigation Team to treat the first information
report registered in crime no. 367 of 2022 at PS Rampur Maniharan,
District Saharanpur as one of unnatural death. We further grant them
liberty to re-register the FIR if they deem it appropriate. We direct
that the reinvestigation report shall be placed before this Court in a
sealed cover within a period of two months from today.
23. We make it clear that the observations in the present judgment
are only for the purpose of quashing the proceedings against the
appellants, and the reinvestigation on other aspects indicated above,
460 [2025] 2 S.C.R.
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will be carried out independently. We are not to be taken, to have
expressed any view, one way or the other.
24. In view of the above, the appeal is allowed. The proceedings in Case
No. 2843 of 2023 pending before the Court of Judicial Magistrate,
Saharanpur (arising out of Crime No. 367 of 2022 Police Station
Rampur Maniharan, District Saharanpur) are quashed. Let the matter
be listed on 15.04.2025 for further directions and for consideration
of the report of the Special Investigation Team.
Result of the case: Appeal allowed.
†
Headnotes prepared by: Divya Pandey
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