While taking a most pragmatic stand by quashing criminal proceedings against a teacher who was accused of abetting suicide of minor student, the Allahabad High Court which is the biggest High Court in not only just India, in not only just Asia, in not only just few continents but in whole world covering all the continents in a most progressive, pragmatic, persuasive and pertinent judgment titled Rahul Kushwaha v. State of UP and Another in Case No.: Application u/s 482 No. 21503 of 2015 and cited in Neutral Citation No.: -2026:AHC:109098 that was reserved on 27.04.2026 and then finally pronounced on May 12, 2026 has quashed criminal proceedings against a teacher accused of abetting the suicide of a minor student ruling most explicitly that a three-month interval between the last alleged act of harassment and the suicide breaks required “live nexus”. It merits noting that the Single Judge Bench comprising of Hon’ble Mr Justice Sandeep Jain mandated unequivocally without mincing any words that without proof of direct instigation in close proximity to the death, a charge under Section 306 of the IPC cannot be sustained. We thus see that the Allahabad High Court concluded that the continuation of the prosecution would be an abuse of the process of law. Consequently, the application was allowed, and the proceedings in Complaint Case No. 49 of 2012 were quashed.
At the very outset, this learned, laudable, landmark, logical and latest judgment authored by the Single Judge Bench comprising of Hon’ble Mr Justice Sandeep Jain of Allahabad High Court sets the ball in motion by disclosing the relief for which present application is filed putting forth in para 1 that, “The present application has been filed for the following reliefs:-
“1. Allow this application; and/or,
2. Quash the impugned order dated 13.03.2015 passed by the learned Additional Sessions judge, Court No.14, Ghaziabad in Criminal Revision No.22 of 2015, Rahul Kushwaha v. Geeta Bainsla; and/or,
3. Quash the impugned order dated 21.10.2014 passed by the learned Additional Chief Judicial Magistrate, Court No.05, Ghaziabad in Complaint Case No.49 of 2012, Geeta Bainsla v. Rahul Kushwaha u/s 306,354,506 IPC, P.S. Modi Nagar, District Ghaziabad; and/or,
4. Quash entire proceedings of Complaint Case No.49 of 2012, Geeta Bainsla v. Rahul Kushwaha u/s 306,354,506 IPC, P.S. Modi Nagar, District Ghaziabad pending in the court of the learned Additional Chief Judicial Magistrate, Court No.05, Ghaziabad; and/or,
5. Direct both the subordinate courts below to decide and dispose of the bail application of the petitioner on the same day; and/or,
6. Stay further proceedings of Complaint Case No.49 of 2012, Geeta Bainsla v. Rahul Kushwaha, u/s 306,354,506 IPC, P.S. Modi Nagar, District Ghaziabad pending in the Court of ACJM, Court No.05, Ghaziabad during the pendency of the present criminal misc. application before the Hon’ble Court; and/or,
7. Pass such order or further order which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”
To put things in perspective, the Bench envisages in para 2 disclosing that, “The factual matrix of the case is that Km. Jyoti was the minor daughter of the first informant, Smt. Geeta Baisla, and was studying in Class XI at TRM School Modi Nagar at the relevant time. It is alleged that the applicant, Rahul Kushwaha, who was employed therein as a teacher of Physics, had developed an improper and lustful interest in Km. Jyoti and, from time to time, made indecent gestures towards her and attempted to outrage her modesty, which conduct was resisted and protested by her.”
Further, the Bench then lays bare in para 3 that, “It is further alleged that the applicant repeatedly pressurized Km. Jyoti to take private tuition from him, which she declined. Upon such refusal, he allegedly threatened that he would fail her in the examinations and would also have her family eliminated. It was further asserted that the applicant used to boast that his uncle, Babli @ Gyanchand, was a political leader and that his relative, Dabbu, was a notorious criminal who wielded terror in Modi Nagar.”
It is worth paying attention that the Bench points out in para 28 that, “It is further apparent that the victim may have felt that there was no alternative option, but to take his life, because of what another person did or said; which cannot lead to a finding of mens rea and resultant abetment on that other person. What constitutes mens rea is the intention and purpose of the alleged perpetrator as discernible from the conscious acts or words and the attendant circumstances, which in all probability could lead to such an end. The real intention of the accused and whether he intended by his action to at least possibly drive the victim to suicide, is the sure test. However harsh or severe the harassment, unless there is a conscious deliberate intention, mens rea, to drive another person to suicidal death, there cannot be a finding of abetment under Section 306.”
Be it noted, the Bench then notes in para 29 that, “From the evidence on record it is evident that the victim Km. Jyoti was studying in class XI at the relevant time, in the school in which the accused/applicant was a teacher of physics, who as per the prosecution case, continuously harassed, molested her, was trying to outrage her modesty, which was resisted by the victim. As per the statement of the witnesses the accused pressurised the victim to take private tuitions from him, to which she declined. The above acts and conduct of the accused were also brought to the notice of the Principal of the school, on which he reprimanded the accused and assured the parents of the victim that her safety will be ensured. In the protest petition and statements of the above witnesses, the last act of such harassment was meted out to the victim on 2.4.2011 by the accused in the school. Thereafter, there was no contact between the victim and the accused, the victim remained in her house with her parents and relatives, where she allegedly committed suicide on 29.7.2011 by consuming poison.”
Most significantly, the Bench then encapsulates in para 30 what constitutes the cornerstone of this notable judgment postulating precisely that, “It is apparent that prima-facie there is no evidence on record to prove that the accused had the mens rea or he ever intended or instigated the victim to commit suicide. It is further apparent that there is a time gap of almost 3 months between the last act of harassment allegedly committed by the accused on victim on 2.4.2011 and 29.7.2011, when the victim allegedly committed suicide by consuming poison. It is undisputed, that during the above duration, the victim remained in her house with her family members, and during this period there was no harassment, no contact with the accused. It is apparent that there was no proximity between the alleged acts of harassment, indecent behaviour, molestation, attempt to outrage modesty committed by the accused and the act of suicide. It is well settled that if there is no proximity or nexus between the alleged acts of harassment which drove the victim to commit suicide and the act of suicide, then no offence of abetment or instigation to suicide is made out under Section 306 IPC.”
It cannot be glossed over that the Bench then lays bare in para 31 pointing out that, “In the protest petition and the evidence of witnesses, it is disclosed that the complainant and her husband met S.S.P. Ghaziabad and brought to his notice the above criminal acts of the accused by giving application on 19.4.2011, on which he directed the Police Station Modi Nagar to register FIR, but no such FIR in reality was registered against the accused. Even after the alleged suicidal death of the victim on 29.7.2011 no FIR was got registered by the complainant promptly. Eventually on 15.11.2011, an application under Section 156(3) CrPC was moved by the complainant before the competent criminal court, which was allowed on 19.11.2011, and thereafter, FIR being Case crime No. 781 of 2011 under Section 306, 354, 506 IPC was registered on 26.11.2011 against the accused at Police Station Modi Nagar, District Ghaziabad. It is apparent that there is a fatal delay on the part of the complainant in registering the FIR, which makes the whole prosecution case doubtful.”
It is worth noting that the Bench notes in para 32 that, “It is further apparent that the victim at the time of alleged suicide was residing in her house, who was not taken to any doctor/hospital for treatment, no intimation regarding this was given to the police. It is very surprising that if the victim had consumed poison then at least she should have been taken to the hospital for treatment but no such effort was made by the complainant or her relatives. Further, if the victim had died and had this information been given to the police, then the autopsy would have been performed for ascertaining the cause of death, but since no information was given to the police, neither panchayatnama was prepared nor autopsy was performed. It is further apparent that the body of the victim was surreptitiously cremated by the complainant and her relatives. In view of the above facts, there is no prima-facie evidence on record to prove that the victim committed suicide by consuming poison.”
It would be instructive to note that the Bench then hastens to add in para 33 noting that, “It is apparent that prima-facie the complainant has failed to prove that there was any mens rea or instigation on the part of the accused to force the victim to commit suicide. Further, the cause of death of the victim is also not proven. There is no evidence on record to presume that she committed suicide by consuming poison. It is further apparent that about 4 months after the death of the victim on 29.7.2011, an application was moved by the complainant under Section 156(3) CrPC on 15.11.2011 for getting registered the FIR against the accused before the competent Court, which was allowed on 19.11.2011, and then a FIR was registered on 26.11.2011 against the accused. There is no explanation by the complainant why she waited from 29.7.2011 till 15.11.2011 for approaching the Court in order to get the FIR registered in this matter. The complainant has not furnished any plausible explanation for the above delay, which is fatal.”
It cannot be lost sight of that the Bench then points out in para 34 that, “It is further apparent that the victim has died, who could have proved the alleged offence under Section 354 IPC. Further, all the alleged incidents of harassment, indecent behaviour, molestation and attempt to outrage the modesty of victim occurred in the TRM School, Modi Nagar, District Ghaziabad but the complainant has not examined any student of the school or friend of the victim in order to prove the above allegations. The Principal of the School, who was an important witness, has also not been examined by the complainant. No injury report, statement under Section 164 or 161 CrPC of the victim is available to substantiate or corroborate the above allegations of misbehaviour by the accused. Further, the complainant and the witnesses examined by her under Section 202 CrPC are not eyewitnesses of the alleged illegal acts committed by the accused in the school, upon the victim. This is not a case where the incident occurred in a desolate place, where no witness was present. As per the prosecution case, the alleged incidents occurred in a school, where there was no dearth of witnesses, but still, no witness who was present in the school at the relevant time, has been examined by the complainant, in support of her case.”
Most forthrightly and as a corollary, the Bench then directs and holds in para 35 holding aptly that, “Therefore, in the considered opinion of this Court, for the reasons mentioned aforesaid, the offence punishable under Section 306, 354 and 506 IPC is prima-facie not made out against the accused/applicant Rahul Kushwaha. Therefore, the continuation of his prosecution will be nothing but an abuse of the process of law. Accordingly, the application deserves to be allowed.”
Finally and resultantly, the Bench then precisely concludes by directing and holding explicitly in para 36 that, “The instant application under Section 482 CrPC is allowed. Consequently, the proceedings of complaint Case No. 49 of 2012, new No. 2608 of 2019, Geeta Bainsla versus Rahul Kushwaha under Section 306, 354 and 506 IPC, P.S. Modi Nagar, District Ghaziabad pending before the ACJM Court No. 5, Ghaziabad and all incidental proceedings thereto are hereby quashed.”
All told, we thus see that Allahabad High Court has very rightly given the benefit of doubt to the applicant in this leading case. It was very rightly underscored by the Court that three-month gap between the alleged harassment and suicide breaks the proximity that is required for proving abetment to suicide charge. So we thus see that the prosecution charges were very rightly struck down. No denying or disputing it!
Sanjeev Sirohi