Karnataka High Court Quashes Abetment FIR Against Wife Despite Husband's Suicide Note

The Karnataka High Court quashed an abetment to suicide FIR lodged against a woman after her estranged husband allegedly committed suicide, noting that there was no act mentioned in his "death note" which had any nexus to his death. 

Justice S Vishwajith Shetty allowed a petition filed by the woman booked for abetment to suicide (Section 108 BNS) observing that a reading of the complaint in the case  would show that necessary ingredients to attract the alleged offence were not found.

The prosecution alleged that the marriage between the petitioner wife and the deceased husband was solemnized 2 years prior to the registration of the FIR on January 26, 2025.

It was claimed that she had lived with her husband for 3 months from the date of their marriage and thereafter had returned to her parents' house. Efforts made to bring her back had failed.

On January 26 between 10.30 a.m. to 12.30 p.m., deceased husband had committed suicide by hanging himself in the room in his house leaving behind a note. It is in this background, FIR was registered against the petitioner wife.

The bench noted that the deceased had filed a plea before Family Court against the petitioner wife for restitution of conjugal rights. On the other hand, the petitioner wife had filed a domestic violence plea against the husband and his kin before the Magistrate Court. 

Referring to the death note left behind by the deceased the court said:

“In the alleged death note, which is left behind by the deceased, he has stated that his wife needs his death and she had tortured him. Except the aforesaid, there is no mention of any particular act committed by the petitioner which has nexus to the death of the deceased.”

It emphasized that for invoking Section 108 BNS (abetment of suicide), the alleged act committed by the accused should have the proximity and nexus with the death of the deceased and this act should also have abated, instigated or aided the deceased to commit suicide.

The court said “Undisputedly the petitioner and the deceased were living separately for the last more than one year and there are matrimonial proceedings pending between them.”

The court thereafter observed that if the allegations in the FIR are examined in light of the law laid down by the Supreme Court, then it is fit case wherein the high court needs to exercise its powers under Section 528 of the BNSS, to "secure the ends of justice".

Allowing the plea, the court quashed the FIR. 

Appearance: Advocate Sachin C Angadi for Petitioner.

HCGP Girija S Hiremath FOR R1.

Advocate Reshma Madiwalar for R2.

Citation No: 2025 LiveLaw (Kar) 267

Case Title: ABC AND State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 100661 OF 2025

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