Allahabad High Court Stays Arrest Of Former HC Judge, His Wife In Domestic Help Suicide Abetment Case

A Bench comprising Justice Alok Mathur and Justice Shree Prakash Singh passed the interim order while hearing a criminal writ petition seeking quashing of the FIR registered under Section 108 of the Bharatiya Nyaya Sanhita (corresponding to Section 306 IPC) and staying their arrest.

The petitioners contended that a theft had occurred at their residence on March 14, 2025, and that they had submitted a written complaint against Mahesh Nishad (then employed as a peon at their residence) before the nearest Police Station on March 17, 2025, alleging theft of ₹6.5 lakh from an almirah.

It was submitted that although an FIR was not registered in the case, the accused therein/deceased had admitted his guilt and an agreement was arrived at the Police Station wherein he agreed to return a certain amount to the petitioners.

However, a few days later, on April 2, the wife of the domestic help lodged the present FIR against the petitioners, alleging that they had threatened the deceased, which led him to commit suicide on April 1, 2025. The FIR further stated that he had left behind a suicide note and video message.

Seeking relief in the case, the peititoner moved the HC arguing that even if the contents of the FIR are accepted as correct, no offence under Section 108 BNS (abetment of suicide) was made out, as the essential ingredients of Section 45 BNS (corresponding to Section 107 IPC – abetment) are missing.

It was argued that neither any direct instigation nor such proximity of conduct with the suicide was presented so as to attract Section 108.

The State counsel, though opposed to the plea but did not dispute the factual submissions and sought time to file a counter affidavit.

Taking note of the allegations, the Court observed that the FIR only attributes to the petitioners a complaint made to the police regarding theft by the deceased, and a few mobile calls thereafter. However, the contents of those alleged calls are neither on record nor described in a manner that could suggest coercion or abetment to suicide.

"…the act of instigation, in order to constitute an offence under Section 306 IPC (now Section 108 of BNS), is required to be of such an intensity, so as to push the deceased to such perplexity under which he has no choice, but, to commit suicide. Such instigation must also be in close proximity to the act and time of suicide”, the Court observed.

Against this backdrop, on a prima facie view, the Court found that the necessary ingredients to constitute the offence under Section 108 were absent.

Accordingly, the Court granted four weeks to the State to file its counter-affidavit and two weeks thereafter to the petitioners for filing a rejoinder. The matter will now be listed on August 20, 2025.

In the meantime, the Court directed that the petitioners won't be arrested in connection with the said FIR.