The Nagpur Bench of the Bombay High Court has declined to quash an FIR alleging abetment of suicide against a Buldhana-based businessman, holding that the High Court’s inherent powers under Section 482 of the Criminal Procedure Code cannot be used to block a prosecution when the allegations disclose a prima facie offence warranting trial.
The case stemmed from a suicide reported in early April 2025, following which the deceased’s wife accused the businessman of drawing her husband into a partnership to supply shed-nets to farmers under a government scheme, persuading him to take bank loans, and then failing to deliver materials or clear dues. According to the complaint, mounting pressure from farmers and repayment demands from banks allegedly pushed the man into severe distress, culminating in his death. The businessman approached the High Court seeking quashing of the FIR registered at Ramtek police station, arguing that the allegations did not meet the legal threshold for abetment of suicide.
The State opposed the plea, maintaining that the FIR disclosed a clear chain of events linking the accused’s conduct to the suicide and warranted investigation.
A Division Bench of Justice Urmila Joshi Phalke and Justice Nandesh Deshpande held that the FIR contained sufficient material to proceed. The Court reiterated that for an offence of abetment, there must be a direct or proximate act with a clear nexus to the suicide, observing that “what is required is a direct or proximate act which leads the deceased to commit suicide.”
On a plain reading, the Bench found that the complaint outlined a detailed modus operandi allegedly adopted by the petitioner, creating sustained pressure that could not be brushed aside at the threshold. Emphasising judicial restraint, the Court cautioned that inherent powers must be exercised “sparingly and with great circumspection” and cannot be invoked to “stifle legitimate prosecution.” Relying on settled Supreme Court precedent, the Bench dismissed the application, allowing the investigation to continue.
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