[Cites 4, Cited by 0]
Bombay High Court
Kiran Wd/O Ajay Sangamwar And 2 Others vs State Of Mah. Thr. Pso Wathoda Nagpur And ... on 20 January, 2026
2026:BHC-NAG:1003-DB
apl 637-2022 J..doc 1/7
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.637/2022
1. Smt. Kiran wd/o Ajay Sangamwar
Aged about : 40 years, Occ. : Private,
R/o Flat NO.105, Honey Falgun
Apartment, Wathoda, Nagpur.
2. Smt. Kranti Sanjay Sangamwar,
Aged about 45 years, Occ.: Private,
3. Shri Sanjay s/o Eknath Sangamwar,
Aged about : 49 years, Occ.: Pvt. Service,
Applicant No. 2 and 3 both R/o Plot No.9
C/o Prabhakar Kanoje
Vidyanagar, Wathoda, Old area P.S.
Nandanwan, Nagpur
... APPLICANTS
...VERSUS...
1. State of Maharashtra Through
Police Station Officer, Wathoda,
Nagpur.
2. Bhaskarrao Ganpatrao Khire,
Aged about : 66 years, Occ. Auto driver,
R/o Mudliyar square, Jagruti nagar,
behind Govt. Hospital, Nagpur,
P.S. Shantinagar, Nagpur.
...NON-APPLICANTS
---------------------------------------------------------------------------------------------
Ms Apurva Kolhe, Advocate for applicants
Shri G.S. Umale, APP for non-applicant No.1/State
---------------------------------------------------------------------------------------------
CORAM : PRAVIN S. PATIL, J.
apl 637-2022 J..doc 2/7
DATED : 20.01.2026
ORAL JUDGMENT
. Heard. Heard finally with the consent of learned
Counsel for both the parties.
2. By this application, the applicant is seeking to quash
and set aside the Criminal proceedings registered vide Sessions
Trial No.677/2021 alongwith charge-sheet No.126/2021 for the
offence punishable under Sections 306 read with Section 34 of the
Indian Penal Code.
3. It is the case of the applicants that even the contents
raised in the complaint and the statement recorded during the
investigation even if they are taken at their face value and accepted
in their entirety do not prima facie constitute the offence under
Section 306 of the Indian Penal Code. The allegations falls short to
demonstrate that the present applicants have anytime instigated to
the deceased to commit suicide or applicants have played an active
role by an act of instigation or by doing certain act to facilitate the
commission of suicide. Hence, on this count, they challenged the
registration of the offence as well as the proceedings which is
registered against them in the present matter.
4. In short, the case of the prosecution is that on
20.11.2020, the father of the deceased lodged a complaint stating
that in the morning hours at 11.00 a.m., when he was going on his
work, he found the deceased in the house offering prayer to God.
Thereafter, when he reached to his place at around 12.00 p.m., he
received a phone call of his daughter stating that the deceased is
facing serious health problem, therefore, they are taking him to
Meyo Hospital and, he should reach immediately there. After
reaching to the hospital, his wife told him that at 12.00 p.m., one
girl came in an Auto with Roshan stating that deceased (Roshan)
was at her house at Wathoda and it is found that Roshan had
consumed some poison and, therefore, he was brought to his house.
Then his son-in-law namely Vilas Bokde told him that in the mobile
cover of deceased, he found one suicide note written in the
handwriting of the deceased Roshan, wherein he had stated that he
is in love affair with the present applicant No.1 since long and they
both want to marry with each other. As they had decided to marry
with each other, the applicant Nos.2 and 3 have called them at their
house. However, deceased Roshan was under apprehension as to
what will happen at the house of applicant No.1 and, therefore, he
had written a suicide note if anything happened to him or to
applicant No.1, in that case applicant Nos.2 and 3 would be held
responsible in the matter. On the basis of this complaint, the
offence is registered in the matter.
5. To decide the present application, in my opinion, it will
be justified to first refer the judgment of the Hon'ble Supreme Court
in the case of Prakash and others Vs. State of Maharashtra reported
in 2024 SCC OnLine SC 3835, wherein the Hon'ble Supreme Court,
after considering the provisions of Section 306 and 107 of the
Indian Penal Code as held that for attracting the offence under
Section 306 two basic ingredients must be satisfied i.e. act of
suicide by one person and second abetment to the said act by
another person. It is also held that to attract the offence of
abetment of suicide, it is important to establish proof of direct or
indirect act of instigation or incitement of suicide by the accused
which must be in proximity to the commission of suicide by the
deceased. Such instigation or incitement should reveal a clear mens
rea to abate the commission of suicide and should put the victim in
such a position that he/she would have no other option than to
commit suicide.
6. It is further pertinent to note that abetment involves
mental process of instigating or intentionally aiding another person
to do a particular thing. In absence of this process, the instigation
cannot be said to be applied in the matter.
7. In the present case, from the complaint as well as the
statement recorded by the investigating officer, it is not clear
whether the applicant was met to present applicant Nos.2 and 3.
Whether the applicant Nos.2 and 3 have given any threatening or
not. On the contrary, it is revealed that up to 11.00 a.m., he was in
the house, at 12.00 p.m. one girl has left him in the house and at
that time, he found to have consumed poison. It is nowhere case of
any of the complainant or the statement, to demonstrate that
anytime applicant Nos.2 and 3 have instigated him to commit
suicide. So also, suicide note nowhere states that due to instigation
by applicants, situation is created of such nature that he remains no
option than to commit suicide.
8. Considering the factual aspects of the present matter, it
seems that the deceased was already under the apprehension that
something would happen to his life and, therefore, under the
apprehension, it seems that he has committed suicide in the matter.
The suicide note, which is pointed out nowhere states that the
present applicants had anytime instigated him to commit suicide or
threatened him for life. Therefore, considering the statement of the
witnesses, the factual aspects as well as the suicide note, in my
opinion, the offence under Section 306 of the Indian Penal Code is
not made out against the applicants in the matter.
9. In the circumstances, it is a fit case for interference by
this Court in the matter. In my opinion, continuing the criminal
proceedings against the present applicants would nothing but the
abuse of process of law. Hence, considering the facts and
circumstances of the matter, I proceed to pass the following order:
ORDER
i) The application is allowed.
ii) Criminal proceedings registered vide Sessions Trial
No.677/2021 alongwith Charge-sheet No.126/2021 for the offence
punishable under Sections 306 read with Section 34 of the Indian
Penal Code, is hereby quashed and set aside against the present
applicants.
10. The application stands disposed of. No order as to the
costs.
(PRAVIN S. PATIL, J.)
R.S. Sahare
Signed by: Mrs. Ranjana Sahare
Designation: PA To Honourable Judge
Date: 22/01/2026 10:24:44
