Bombay High Court

Wasim Khan S/O Mohammad Khan vs The State Of Mah. Thr. Pso Ps Murtizapur ... on 26 September, 2025

2025:BHC-NAG:9938-DB




              Judgment

                                                       482 apls1589.22 & 2.23

                                           1

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                          NAGPUR BENCH, NAGPUR

                  CRIMINAL APPLICATION (APL) NO.1589 OF 2022
                                     AND
                   CRIMINAL APPLICATION (APL) NO.2 OF 2023


              CRIMINAL APPLICATION (APL) NO.1589 OF 2022
              1. Nazma Bi Mohammad Khan,
              age: 58 years, occupation : housewife.

              2. Reshma Parveen Nisar Khan,
              age: 34 year,s occupation: housewife.

              3. Nisar Khan Nazir Khan,
              age: 40 years, occupation: business.

              4. Saleem Khan Mohammad Khan,
              age: 35 years, occupation : business.

              5. Salman Khan Mohammad Khan,
              age: 30 years, occupation: service.

              Applicant No.1 to 5 are r/o Bibi Sahab Pura
              near J.D.Chavre Vidhya,
              mandir, ward no.27, Karanja,
              taluka: Karanja &
              district : Washim - 444 505.        ..... Applicants.

                                  :: V E R S U S ::

              1. The State of Maharashtra,


                                                                     .....2/-
 Judgment

                                        482 apls1589.22 & 2.23

                            2

through Police Station Officer,
Police Station-Murtizapur,
taluka Murtizapur & District: Akola.

2. Smt.Shahnaz Bi Issar Ali,
age: 40 yrs, occupation : housewife,
r/o village, Dhotra Shinde,
taluka: Murtizapur, district Akola. ..... Non-applicants.


CRIMINAL APPLICATION (APL) NO.2 OF 2023
Wasim Khan s/o Mohammad Khan,
age 32 years,
r/o Bibi Sahab Pura, near J.D.Chavre Vidhya
mandir, ward no.27, Karanja,
taluka & district: Washim - 444 505. ..... Applicant.

                    :: V E R S U S ::

1. The State of Maharashtra,
through Police Station Officer,
Police Station-Murtizapur,
taluka Murtizapur & District: Akola.

2. Smt.Shahnaz Bi Issar Ali,
age: 40 yrs, occupation : housewife,
r/o village, Dhotra Shinde,
taluka: Murtizapur, district Akola. ..... Non-applicants.

Shri Parvez Mirza, Counsel for the Applicants.
Shri N.B.Jawade, Additional Public Prosecutor            NA
No.1/State.
Shri Z.Z.Haq, Counsel for NA No.2.


                                                      .....3/-
 Judgment

                                             482 apls1589.22 & 2.23

                              3



CORAM : URMILA JOSHI-PHALKE &
        NANDESH S.DESHPANDE, JJ.

CLOSED ON : 23/09/2025
PRONOUNCED ON : 26/09/2025

JUDGMENT ( Per : Urmila Joshi-Phalke)

1. Both these applications are preferred by the

applicants for quashing of FIR in connection with Crime

No.235/2022 registered with Murtizapur Police Station,

district Akola under Sections 306 and 498-A read with 34

of the IPC and consequent proceeding arising out of the

same bearing RCC No.58/2025 pending before learned

JMFC, Murtizapur, district Akola.

2. Facts of the case are as under:

On 18.6.2022, Crime No.235/2022 is

registered against applicant Wasim Khan s/o Mohammad

Khan in Criminal Application No.2/2023, who is son-in-

law of the informant, and applicants in Criminal

.....4/-

Judgment

482 apls1589.22 & 2.23

Application No.1589/2022, who are his parents, brother,

and sister-in-law. The marriage of daughter of the

informant was performed with applicant Wasim Khan s/o

Mohammad Khan on 5.4.2021. As per the allegations,

they have incurred expenses of Rs.13.00 lacs, but after

two months of the marriage, all the applicants started ill-

treating her daughter by demanding Rs.5.00 lacs, but the

informant and her deceased husband were not in a

position to pay the said amount to the applicants.

However, the applicants were harassing and ill-treating

their daughter and, therefore, the deceased arranged

amount of Rs.3.00 lacs and handed over the same to the

applicants, but for remaining amount of Rs.2.00 lacs,

they were again harassing their daughter. Being fed up

with the said harassment to her daughter and the

deceased, the deceased who is father-in-law of applicant

Wasim Khan s/o Mohammad Khan has committed suicide

.....5/-

Judgment

482 apls1589.22 & 2.23

by consuming poison. On the basis of the said report, the

police registered the crime against the applicants.

3. Both these applications are filed by the

applicants on the ground that merely because the death

of the deceased is due to the poisoning, they are falsely

implicated in the alleged offence. In fact, no prima facie

case is made out against them and, therefore, the FIR

against them is not sustainable as there is no mens rea on

the part of the applicants.

4. Heard learned counsel Shri Parvez Mirza for

the applicants in both applications; learned Additional

Public Prosecutor Shri N.B.Jawade for the State, and

learned counsel Shri Z.Z.Haq for non-applicant No2 in

both applications.

5. Learned counsel for the applicants submitted

that as far as allegations are concerned, the same are

.....6/-

Judgment

482 apls1589.22 & 2.23

false and baseless. Even, accepting the allegations as it

is, nowhere it reflects that what actually act or instigation

was on the part of the applicants due to which the

deceased has committed suicide. Though suicide note is

seized by the investigating officer from the person of the

deceased, but except names of the applicants, nothing is

mentioned in the said suicide note. Moreover, the

investigation papers show that to compare the

handwriting of the deceased, the informant, despite

notice given to her by the investigating officer, has not

provided the handwriting of the deceased and, therefore,

it would not be possible for the prosecution to prove that

the suicide note is in the handwriting of the deceased. In

such circumstances, it would not be in interests of justice

to force the applicants to face the trial. In view of that,

the FIR as well as the consequent proceeding deserves to

be quashed as there is no mens rea on the part of the

.....7/-

Judgment

482 apls1589.22 & 2.23

applicants on the face of record and, therefore, the

charge against the applicants cannot be sustained.

6. In support of his contentions, learned counsel

for the applicants placed reliance on Criminal Application

(APL) No.935/2022 (Devidas s/o Tulshiram Wankhede

vs. The State of Maharashtra and anr) decided by this

court on 19.9.2025.

7. Per contra, learned Additional Public

Prosecutor for the State submitted that at the time of

quashing of the FIR, what requires to be seen is, whether

there was requisite mens rea and obviously, it is a matter

of evidence. A strong suspicion is also sufficient to

proceed against accused. He submitted that overall

material shows that the applicants created sudden

circumstances which compelled the deceased to commit

suicide. At this stage, the court is required to evaluate

.....8/-

Judgment

482 apls1589.22 & 2.23

the material documents on record with a view to find out

if the facts emerging therefrom taken at their face value

disclose existence of ingredients or not.

Thus, at this stage, material collected during

the investigation, is sufficient to proceed against the

applicants and, therefore, the applications deserve to be

rejected.

8. Learned counsel for non-applicant No.2

submitted that there are specific allegations levelled

against the applicants who has rebutted daughter of the

informant and the deceased which compelled the

deceased to commit suicide. At this stage, prima facie

material is sufficient to proceed against the applicants

and, therefore, the applications deserve to be rejected.

9. In support of his contention, learned counsel

for the non-applicant No.2 placed reliance on the

.....9/-

Judgment

482 apls1589.22 & 2.23

decision in the case of Meera vs. State by the Inspector of

Police, thr. Votriyur Police Station, Chennai, reported in

(2022)3 SCC 93.

10. Having heard learned counsel appearing for

the respective parties and perused the investigation

papers, it reveals that as far as the allegations against the

applicants are concerned, it is to the extent that applicant

Wasim Khan s/o Mohammad Khan married with the

daughter of the informant and the deceased. As per the

allegations, the deceased has incurred huge expenses to

perform the marriage. Their daughter was treated well

initially for some day and, thereafter, she was ill-treated

by all the applicants and, therefore, she was constrained

to leave the matrimonial house. It is further alleged that

as there was consistent demand from the applicants to

pay Rs.5.00 lacs, the deceased somehow arranged

amount Rs.3.00 lacs and paid to the applicants, but there

.....10/-

Judgment

482 apls1589.22 & 2.23

was no change in the behaviour of the applicants and

they continued harassing their daughter. Therefore, the

deceased has committed suicide by consuming poison.

The suicide note was found along with the deceased. The

said suicide note is in Urdu Language which was

translated by one Nadim Ahmad Shaikh whose statement

is also recorded. Recital of the said suicidal note shows

that "esjh csVh ds llqjkyokyks us esjh csVh dks bruk ijs'kku fd;k ;gk

rd ds eSus mUgs 3 yk[k #i;s fn;k 5 yk[k ekaxs Fks fQj Hkh mUgkaus esjh

csVh dks vkus ?kj j[kusls euk dj fn;k vkSj ckj ckj iSlks dh] ekWx dj

jgs gS] vc eS bruk ijs'kku gks x;k gq ds eq>s [kqn[kq'kh djus ds vykok

dksbZ pkjk ugh jgk] esjh csVh dh rdyhQ eS cjnk'k ugh dj ldrk] eq>s

bu yksxksus [kqn[kq'kh djus ij etcqj dj fn;k!"

Admittedly, the investigating officer has

forwarded the said suicide note to the handwriting

expert, but the General Diary Entry dated 7.9.2022 shows

that despite notice was given to the informant and the

.....11/-

Judgment

482 apls1589.22 & 2.23

specimen handwriting by way of document, to ascertain

handwriting of the deceased, was called from the

informant, but she has not cooperated. The said General

Diary Entry is on record. This entry itself is sufficient to

show that no other document is available to compare the

handwriting of the deceased with his specimen

handwriting.

11. As far as the applicants in Criminal Application

No.1589/2022 are concerned, they are parents, sister,

and brother of applicant Wasim Khan s/o Mohammad

Khan. Even accepting the allegations as it is, general

allegation is levelled against them.

12. Before discussing as to the nature of the

material collected during the investigation, it is necessary

to see that what are the considerations as to the offence

under Section 306 of the IPC.

.....12/-

Judgment

482 apls1589.22 & 2.23

13. Section 306 (Section 108 of the Bharatiya

Nyaya Sanhita, 2023) of the Indian Penal Code defines

abetment of suicide, which reads thus:

"306. Abetment of suicide. - If any person

commits suicide, whoever abets the

commission of such suicide, shall be punished

with imprisonment of either description for a

term which may extend to ten years, and shall

also be liable to fine.

Classification of offence. - The offence under

this section is cognizable, non-bailable, non-

compoundable and triable by Court of

Session".

14. Section 107 of the Indian Penal Code (Section

45 of the Bharatiya Nyaya Sanhita, 2023) defines

abetment of a thing, which reads thus:

.....13/-

Judgment

482 apls1589.22 & 2.23

107. Abetment of a thing. A person abets the

doing of a thing, who--

First.--Instigates any person to do that thing;

Secondly.--Engages with one or more other

person or persons in any conspiracy for the

doing of that thing, if an act or illegal omission

takes place in pursuance of that conspiracy,

and in order to the doing of that thing; or

Thirdly.--Intentionally aids, by any act or

illegal omission, the doing of that thing.

Explanation 1.--A person who, by willful

misrepresentation, or by willful concealment

of a material fact which he is bound to

disclose, voluntarily causes or procures, or

attempts to cause or procure, a thing to be

.....14/-

Judgment

482 apls1589.22 & 2.23

done, is said to instigate the doing of that

thing.

Illustration

A, a public officer, is authorized by a warrant

from a Court of Justice to apprehend Z, B,

knowing that fact and also that C is not Z,

wilfully represents to A that C is Z, and

thereby intentionally causes A to apprehend C.

Here B abets by instigation the apprehension

of C.

Explanation 2.--Whoever, either prior to or at

the time of the commission of an act, does

anything in order to facilitate the commission

of that act, and thereby facilitates the

commission thereof, is said to aid the doing of

that act.

.....15/-

Judgment

482 apls1589.22 & 2.23

15. Section 108 of the Indian Penal reads thus:

108. Abettor.--

A person abets an offence, who abets either the

commission of an offence, or the commission of

an act which would be an offence, if committed

by a person capable by law of committing an

offence with the same intention or knowledge

as that of the abettor.

Explanation 1.-- The abetment of the illegal

omission of an act may amount to an offence

although the abettor may not himself be bound

to do that act.

Explanation 2.-- To constitute the offence of

abetment it is not necessary that the act

abetted should be committed, or that the effect

.....16/-

Judgment

482 apls1589.22 & 2.23

requisite to constitute the offence should be

caused.

Illustrations

(a) A instigates B to murder C. B refuses to do

so. A is guilty of abetting B to commit murder.

(b) A instigates B to murder D. B in pursuance

of the instigation stabs D. D recovers from the

wound. A is guilty of instigating B to commit

murder.

Explanation 3.-- It is not necessary that the

person abetted should be capable by law of

committing an offence, or that he should have

the same guilty intention or knowledge as that

of the abettor, or any guilty intention or

knowledge.

Illustrations

.....17/-

Judgment

482 apls1589.22 & 2.23

(a) A, with a guilty intention, abets a child or a

lunatic to commit an act which would be an

offence, if committed by a person capable by

law of committing an offence, and having the

same intention as A. Here A, whether the act

be committed or not, is guilty of abetting an

offence.

(b) A, with the intention of murdering Z,

instigates B, a child under seven years of age,

to do an act which causes Z's death. B, in

consequence of the abetment, does the act in

the absence of A and thereby causes Z's death.

Here, though B was not capable by law of

committing an offence, A is liable to be

punished in the same manner as if B had been

capable by law of committing an offence, and

.....18/-

Judgment

482 apls1589.22 & 2.23

had committed murder, and he is therefore

subject to the punishment of death.

house, B, in consequence of the unsoundness

of his mind, being incapable of knowing the

nature of the act, or that he is doing what is

wrong or contrary to law, sets fire to the house

in consequence of A's instigation. B has

committed no offence, but A is guilty of

abetting the offence of setting fire to a

dwelling-house, and is liable to the

punishment, provided for that offence.

(d) A, intending to cause a theft to be

committed, instigates B to take property

belonging to Z out of Z's possession. A induces

B to believe that the property belongs to A.

.....19/-

Judgment

482 apls1589.22 & 2.23

takes the property out of Z's possession, in

good faith, believing it to be A's property. B,

acting under this misconception, does not take

dishonestly, and therefore does not commit

theft. But A is guilty of abetting theft, and is

liable to the same punishment as if B had

committed theft.

Explanation 4.-- The abetment of an offence

being an offence, the abetment of such an

abetment is also as offence.

Illustration

A instigates B to instigate C to murder Z.

accordingly instigates C to murder Z, and

commits that offence in consequence of B's

instigation. B is liable to be punished for his

offence with the punishment for murder; and,

.....20/-

Judgment

482 apls1589.22 & 2.23

as A instigated B to commit the offence, A is

also liable to the same punishment.

Explanation 5.-- It is not necessary to the

commission of the offence of abetment by

conspiracy that the abettor should concert the

offence with the person who commits it. It is

sufficient if he engages in the conspiracy in

pursuance of which the offence is committed.

Illustration

A concerts with B a plan for poisoning Z. It is

agreed that A shall administer the poison.

then explains the plan to C mentioning that a

third person is to administer the poison, but

without mentioning A's name. C agrees to

procure the poison, and procures and delivers

it to B for the purpose of its being used in the

.....21/-

Judgment

482 apls1589.22 & 2.23

manner explained. A administers the poison; Z

dies in consequence. Here, though A and

have not conspired together, yet C has been

engaged in the conspiracy in pursuance of

which Z has been murdered. C has therefore

committed the offence defined in this section

and is liable to the punishment for murder.

16. Section 306 of the Indian Penal Code talks about

abetment of suicide and states that whoever abets the

commission of suicide of another person, he/she shall be

punished with imprisonment of either description for a

term not exceeding ten years and shall also be liable to

fine.

17. The said Sections penalizes abetment of

commission of suicide. To charge someone under this

Section, the prosecution must prove that the accused

.....22/-

Judgment

482 apls1589.22 & 2.23

played a role in the suicide. Specifically, the accused's

actions must align with one of the three criteria detailed

in Section 107 of the Indian Penal Code. This means the

accused either encouraged the individual to take their life,

conspired with others to ensure the person committed

suicide.

18. A question arises as to when is a person said to

have instigated another. The word "instigate" means to

goad or urge forward provoke, incite or encourage to do

"an act" which the person otherwise would not have

done.

19. It is well settled that in order to amount to

abetment, there must be mens rea. Without knowledge or

intention, there cannot be any abetment. The knowledge

and intention must relate to the act said to be abetted

which in this case, is the act of committing suicide.

.....23/-

Judgment

482 apls1589.22 & 2.23

Therefore, in order to constitute abetment, there must be

direct incitement to do culpable act.

20. The Hon'ble Apex Court in criminal appeal

(Prabhu vs. The State, Rep.By the Inspector of Police and

anr), decided on 30.1.2024, by referring the various

earlier decisions, held that the physical relationship over

a considerable period of time was out of mutual love

between the appellant and the deceased and not based

on the promise of marriage. In the said case, the Hon'ble

Apex Court has considered its earlier decision in the case

of Kamlakar vs. State of Karnataka (Criminal Appeal

No.1485/of 2011, decided on 12.10.2023 and explained

ingredients of Section 306 of the Indian Penal Code and

held, as under:

"8.2. Section 306 IPC penalizes abetment of

commission of suicide. To charge someone under

.....24/-

Judgment

482 apls1589.22 & 2.23

this Section, the prosecution must prove that the

accused played a role in the suicide. Specifically,

the accused's actions must align with one of the

three criteria detailed in Section 107 IPC. This

means the accused either encouraged the

individual to take their life, conspired with others

to ensure the person committed suicide, or acted

in a way (or failed to act) which directly resulted

in the person's suicide.

8.3. In Ramesh Kumar vs. State of Chattisgarh,

reported in AIR 2001 SC 383, this Court has

analysed different meanings of "instigation". The

relevant para of the said judgment is reproduced

herein:

"20. Instigation is to goad, urge forward,

provoke, incite or encourage to do "an

.....25/-

Judgment

482 apls1589.22 & 2.23

act". To satisfy the requirement of

instigation though it is not necessary that

actual words must be used to that effect

or what constitutes instigation must

necessarily and specifically be suggestive

of the consequence. Yet a reasonable

certainty to incite the consequence must

be capable of being spelt out. The

present one is not a case where the

accused had by his acts or omission or by

a continued course of conduct created

such circumstances that the deceased

was left with no other option except to

commit suicide in which case an

instigation may have been inferred. A

word uttered in the fit of anger or

emotion without intending the

.....26/-

Judgment

482 apls1589.22 & 2.23

consequences to actually follow cannot

be said to be instigation."

8.4. The essentials of Section 306 IPC were

elucidated by this Court in M.Mohan vs. State,

AIR 2011 SC 1238, as under:

"43. This Court in Chitresh Kumar

Chopra v. State (Govt. of NCT of Delhi)

[(2009) 16 SCC 605 : (2010) 3 SCC

(Cri) 367] had an occasion to deal with

this aspect of abetment. The Court dealt

with the dictionary meaning of the word

"instigation" and "goading". The Court

opined that there should be intention to

provoke, incite or encourage the doing of

an act by the latter. Each person's

suicidability pattern is different from the

.....27/-

Judgment

482 apls1589.22 & 2.23

others. Each person has his own idea of

selfesteem and selfrespect. Therefore, it

is impossible to lay down any straitjacket

formula in dealing with such cases. Each

case has to be decided on the basis of its

own facts and circumstances.

44. Abetment involves a mental process

of instigating a person or intentionally

aiding a person in doing of a thing.

Without a positive act on the part of the

accused to instigate or aid in committing

suicide, conviction cannot be sustained.

45. The intention of the legislature and

the ratio of the cases decided by this

Court are clear that in order to convict a

person under Section 306 IPC there has

.....28/-

Judgment

482 apls1589.22 & 2.23

to be a clear mens rea to commit the

offence. It also requires an active act or

direct act which led the deceased to

commit suicide seeing no option and this

act must have been intended to push the

deceased into such a position that

he/she committed suicide."

8.5. The essential ingredients which are to be

meted out in order to bring a case under

Section 106 IPC were also discussed in

Amalendu Pal alias Jhantu vs. West Bengal AIR

2010 SC 512, in the following paragraphs:

"12. Thus, this Court has consistently

taken the view that before holding an

accused guilty of an offence under

Section 306 IPC, the court must

.....29/-

Judgment

482 apls1589.22 & 2.23

scrupulously examine the facts and

circumstances of the case and also assess

the evidence adduced before it in order

to find out whether the cruelty and

harassment meted out to the victim had

left the victim with no other alternative

but to put an end to her life. It is also to

be borne in mind that in cases of alleged

abetment of suicide there must be proof

of direct or indirect acts of incitement to

the commission of suicide. Merely on the

allegation of harassment without there

being any positive action proximate to

the time of occurrence on the part of the

accused which led or compelled the

person to commit suicide, conviction in

.....30/-

 Judgment

                                      482 apls1589.22 & 2.23



           terms   of     Section   306   IPC     is   not

           sustainable.

13. In order to bring a case within the

purview of Section 306 IPC there must

be a case of suicide and in the

commission of the said offence, the

person who is said to have abetted the

commission of suicide must have played

an active role by an act of instigation or

by doing certain act to facilitate the

commission of suicide. Therefore, the

act of abetment by the person charged

with the said offence must be proved

and established by the prosecution

before he could be convicted under

Section 306 IPC."

.....31/-

Judgment

482 apls1589.22 & 2.23

8.6. On a careful reading of the factual matrix

of the instant case and the law regarding

Section 306 IPC, there seems to be no

proximate link between the marital discord

between the deceased and the appellant and

her subsequent death by burning herself. The

appellant has not committed any positive or

direct act to instigate or aid in the commission

of suicide by the deceased."

21. In the light of above said principles laid down

by the Hon'ble Apex Court, it is well settled that to attract

the provisions what is to be shown is that the accused

have actually instigated or aided to the victim in

committing suicide. There must be direct or indirect

incitement to the commission of suicide and the accused

must be shown to have played an active role by an act of

.....32/-

Judgment

482 apls1589.22 & 2.23

instigation or by doing certain act to facilitate the

commission of suicide.

22. Applying the above principles to the facts of

the present case and even accepting the case as it is, it

reveals that the deceased has wrote the suicide note

wherein it is mentioned that he has given Rs.3.00 lacs to

the applicants.

23. Similar allegations are levelled by the

informant as well as her daughter and various statements

were recorded of the relatives.

24. There is no dispute that the applicants and the

informant are related to each other. There is no dispute

that the marriage of the daughter of the deceased and the

informant was performed with applicant Wasim Khan s/o

Mohammad Khan. There is no dispute that the death of

the deceased was caused due to poisoning.

.....33/-

Judgment

482 apls1589.22 & 2.23

25. Thus, the death of the deceased is not natural

death.

26. During the investigation, the investigating

officer has recorded various statements of the witnesses.

The allegation levelled against the applicants, as far as

the demand is concerned, which is vague in nature and

no specific instances are either narrated by the informant

or by her daughter or in the suicide note. The nature of

the harassment is also not mentioned in the statement or

in the suicide note by the deceased. Even, accepting the

allegations as it is and even accepting the facts that there

was harassment at the hands of the applicants, there is

nothing on record to show that they have in any manner

abetted the deceased to commit suicide. No single

instance or the exact words is narrated by which the

applicants alleged to have committed the deceased to

commit suicide. There is nothing on record to show that

.....34/-

Judgment

482 apls1589.22 & 2.23

the deceased had no any other alternative than to commit

suicide and, therefore, he committed suicide and such

types of circumstances are created by the applicants.

27. In the case of Ayyub and others vs. State of

Uttar Pradesh and another (Criminal Appeal

No.461/2025), decided on 07.02.2025, wherein also this

aspect was considered by the Hon'ble Apex Court by

referring its earlier decision and held that, 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 with no other alternative

but to put an end to her life.

.....35/-

Judgment

482 apls1589.22 & 2.23

28. In Mahendra Awase vs. The State of Madhya

Pradesh, reported in MANU/SC/0078/2025, wherein also

this aspect is considered by the Hon'ble Apex Court and

by referring the catena of decisions observed that, in

order to bring a case within the purview of Section 306

IPC there must be a case of suicide and in the commission

of the said offence, the person who is said to have

abetted the commission of suicide must have played an

active role by an act of instigation or by doing certain act

to facilitate the commission of suicide. Therefore, the act

of abetment by the person charged with the said offence

must be proved and established by the prosecution before

he could be convicted under Section 306 IPC.

29. In the case of Kamaruddin Dastagir vs. State of

Karnataka, reported in MANU/SC/1266/2024, while

dealing with the provisions under Section 306 of the

Indian Penal Code extensively, it is held that the very first

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Judgment

482 apls1589.22 & 2.23

clause of Section 107 of the Indian Penal Code lays down

that a person, who abets the doing of a thing, is a person

who instigates any person to do that thing. Therefore,

'instigation' to do a particular thing is necessary for

charging a person with abetment. In paragraph No. 25 it

is observed that even in cases where the victim commits

suicide, which may be as a result of cruelty meted out to

her, the Courts have always held that discord and

differences in domestic life are quite common in society

and that the commission of such an offence largely

depends upon the mental state of the victim. Surely, until

and unless some guilty intention on the part of the

accused is established, it is ordinarily not possible to

convict him for an offence under Section 306 of the

Indian Penal Code. While dealing with the situation on

the basis of the facts before the Hon'ble Apex Court, it is

held that the accused-appellant had simply refused to

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Judgment

482 apls1589.22 & 2.23

marry the deceased and thus, even assuming there was

love affair between the parties, it is only a case of broken

relationship which by itself would not amount to

abetment to suicide.

30. The Division Bench of this Court in Criminal

Application (APL) No.686/2021 (Monika vs. The State of

Maharashtra and ors) decided on 6.6.2022 also by

applying the various decisions held that on applying the

parameters and while exercising the powers under

Section 482 Cr.P.C. or under Section 226 of the

Constitution of India, the power under Section 482 Cr.P.C.

is very wide, but conferment of wide power requires the

court to be more cautious. It casts an onerous and more

diligent duty on the court. However, at the same time,

the court, if it thinks fit, regard being had to the

parameters of quashing and the self-restraint imposed by

law, more particularly the parameters laid down by this

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Judgment

482 apls1589.22 & 2.23

Court in the cases of R.P.Kapur and Bhajan Lal has the

jurisdiction to quash the FIR/complaint.

31. In the case of Patel Babubhai Manohardas and

ors vs. State of Gujrat, reported in MANU/SC/0321/2025

also the provisions under Section 306 and 107 are

extensively considered and observed by the Hon'ble Apex

Court that "attempt to commit suicide is an offence in

India. Section 309 IPC says that whoever attempts to

commit suicide and does any act towards such act, shall

be punished with simple imprisonment for a term which

may extend to one year or with fine or with both.

However, once suicide is carried out, the offence is

complete. Considering the nature of the offence, obviously

such a person would be beyond the reach of the law.

Therefore, question of penalizing him would not arise but

whoever abets the commission of such suicide would be

penalized under Section 306 of IPC. Punishment

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Judgment

482 apls1589.22 & 2.23

prescribed under Section 306 of IPC is imprisonment of

either description for a term which may extend to 10

years and shall also be liable to fine. What Section 306

IPC says is that if any person commits suicide, then

whoever abets the commission of such suicide shall be

punished as above.

32. It is further held that "therefore, the crucial

word in Section 306 IPC is 'abets'. 'Abetment' is defined in

Section 107 of IPC. As per Section 107 IPC, a person

would be abetting the doing of a thing if he instigates any

person to do that thing or if he encourages with one or

more person or persons in any conspiracy for doing that

thing or if he intentionally aids by any act or illegal

omission doing of that thing. There are two explanations

to Section 107. As per Explanation 1, even if a person by

way of willful misrepresentation or concealment of a

material fact which he is otherwise bound to disclose

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Judgment

482 apls1589.22 & 2.23

voluntarily causes or procures or attempts to cause or

procure a thing to be done, is said to instigate the doing

of that thing. Explanation 2 clarifies that whoever does

anything in order to facilitate the commission of an act,

either prior to or at the time of commission of the act, is

said to aid the doing of that act.

33. Section 114 IPC is an explanation or

clarification of Section 107 IPC. What Section 114 IPC

says is that whenever any person is absent but was

present when the act or offence for which he would be

punishable in consequence of the abetment is committed,

he shall be deemed to have committed such an act or

offence and would be liable to be punished as an abettor.

34. By referring the decision of Ramesh Kumar V.

State of Chhattisgarh, reported in (2001) 9 SCC 618, the

Hon'ble Apex Court held that " 'instigate' means to goad,

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Judgment

482 apls1589.22 & 2.23

urge, provoke, incite or encourage to do 'an act'. To satisfy

the requirement of 'instigation', it is not necessary that

actual words must be used to that effect or that the words

or act should necessarily and specifically be suggestive of

the consequence. Where the accused by his act or

omission or by his continued course of conduct creates a

situation that the deceased is left with no other option

except to commit suicide, then 'instigation' may be

inferred. A word uttered in a fit of anger or emotion

without intending the consequences to actually follow

cannot be said to be 'instigation'.

35. The Hon'ble Apex Court further refers the

judgment of Chitresh Kumar Chopra vs. State (Govt. of

NCT of Delhi), reported in (2009) 16 SCC 605 observed

that to constitute 'instigation', a person who instigates

another has to provoke, incite, urge or encourage doing of

an act by the other by 'goading' or 'urging forward'. This

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Judgment

482 apls1589.22 & 2.23

Court summed up the constituents of 'abetment' as under

and laid down the constituents as follows:

(i) the accused kept on irritating or annoying

the deceased by words, deeds or willful

omission or conduct which may even be a

willful silence until the deceased reacted or

pushed or forced the deceased by his deeds,

words or willful omission or conduct to make

the deceased move forward more quickly in a

forward direction; and

(ii) that the accused had the intention to

provoke, urge or encourage the deceased to

commit suicide while acting in the manner

noted above.

36. Applying the above principles to the facts of

the present case and even accepting the case as it is, it

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Judgment

482 apls1589.22 & 2.23

reveals that the allegations against applicants in Criminal

Application No.1589/2022 are only to the extent that

they have ill-treated the daughter of the deceased and the

informant and, therefore, the deceased was constrained

to commit suicide.

On examination of the instant case on the

touchstone of the principles laid down by the Hon'ble

Apex Court, the entire material collected during the

investigation, even accepting that the deceased has

committed suicide as his daughter was harassed, no

specific instances are narrated as far as harassment is

concerned and, therefore, the suicide committed by the

deceased is not immediate result of the act of the

applicants. Thus, there was no proximity or nexus

between the two acts.

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Judgment

482 apls1589.22 & 2.23

37. As far as applicant Wasim Khan s/o

Mohammad Khan in Criminal Application No.2/2023 is

concerned, offence under Section 306 of the IPC is not

made out against him.

38. A plain reading of Sections 107, 108, and 306

of the Indian Penal Code and applying it to the

undisputed facts of the present case, it indicates that

none of ingredients are attracted to the case in hand.

The material appears to be insufficient for subjecting the

applicants for trial in Application No.1589/2022 are

concerned.

39. However, considering the statement of the

daughter of the deceased and the informant, the offence

under Section 498-A is made out prima facie against

applicant Wasim Khan s/o Mohammad Khan and,

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Judgment

482 apls1589.22 & 2.23

therefore, application of said Wasim Khan s/o

Mohammad Khan deserves to be allowed partly.

40. In this view of the matter, we proceed to pass

following order:

ORDER

(1) Criminal Application No.1589/2022 is allowed. FIR

in connection with Crime No.235/2022 registered with

Murtizapur Police Station, district Akola under Sections

306 and 498-A read with 34 of the IPC and consequent

proceeding arising out of the same bearing RCC

No.58/2025 pending before learned JMFC, Murtizapur,

district Akola, is hereby quashed and set aside.

(2) Criminal Application No.2/2023 is partly allowed.

FIR in connection with Crime No.235/2022 registered

with Murtizapur Police Station, district Akola under

Sections 306 and 498-A read with 34 of the IPC and

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Judgment

482 apls1589.22 & 2.23

consequent proceeding arising out of the same bearing

RCC No.58/2025 pending before learned JMFC,

Murtizapur, district Akola, is hereby quashed and set

aside to the extent of offence under Section 306 of the

IPC only.