Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
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The Delhi High Court has observed that where a lover commits suicide due to love failure, the lady cannot be held to have abetted the commission of suicide of the man.
Justice Amit Mahajan ruled that for the wrong decision taken by a man of weak or frail mentality, another person cannot be blamed as having abetted his committing suicide.
“If a lover commits suicide due to love failure, if a student commits suicide because of his poor performance in the examination, a client commits suicide because his case is dismissed, the lady, examiner, lawyer respectively cannot be held to have abetted the commission of suicide,” the court said.
It added: “For the wrong decision taken by a man of weak or frail mentality, another person cannot be blamed as having abetted his committing suicide.”
Justice Mahajan made the observations while granting anticipatory bail to a woman and a man in an abetment of suicide case.
The FIR was registered on a complaint made by the father of a man who committed suicide. One of the applicants, the woman, was in a romantic relationship with the deceased. Another applicant was a common friend.
It was alleged that the applicants instigated the deceased by saying they made physical relations with each other and will get married soon. The dead body of the deceased was found by his mother with the door of his room half open.
A suicide note was also recovered in which the deceased had written that he was committing suicide because of two applicants.
While granting anticipatory bail to the applicants, the court said that prima facie from the WhatsApp chats placed on record, it appeared that the deceased was of sensitive nature and constantly threatened the woman in question of committing suicide whenever she refused to talk to him.
“It is correct that the deceased had written the name of the applicants in suicide note, but, in the opinion of this Court, there is nothing mentioned, as to the nature of threats in the alleged suicide note written by deceased of such an alarming proportion so as to drive a 'normal person' to contemplate suicide,” the court said.
It added that the factum of the alleged suicide note and whether there was any instigation by the applicants will be seen in trial.
“Prima facie, the alleged suicide note only expressed a state of anguish of the deceased towards the applicants, but it cannot be inferred that the applicants had any intention, that led the deceased to commit suicide,” the court observed
Title: AARUSHI GUPTA v. STATE GNCT OF DELHI and other connected matter (2024 Delhi HC)
