IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 418 OF 2024 Akash @ Kumar Vaibhav Narayan Shettye VERSUS The State Of Maharashtra And Another Mr. S. S. Gangakhedkar, Advocate for applicant Ms. R. P. Gour, APP for respondent-State CORAM : R. M. JOSHI, J. DATE : 27th AUGUST, 2026 PER COURT :- 1. None appears for respondent No. 2. Hence, proceeded in absence of respondent No. 2. 2. Applicant seeks quashment of First Information Report in connection with Crime No. 0121 of 2023 registered with Tamsa Police Station, Dist. Nanded, for the offences punishable under Section 306 of the Indian Penal Code so also quash and set aside proceeding of Session Case No. 176 of 2025 pending before Additional Sessions Judge, Nanded as well as order of issue process dated 19.08.2025 and committal order dated 09.09.2025 in R.C.C. No. 185 of 2025 passed by learned JMFC, Hadgaon, Dist. Nanded. 3. First informant is wife of the deceased committed suicide on 15.11.2023. Information depicts that the deceased left behind him a chit indicating reason for which he has committed suicide. The said writing of 948-Cri Appln-418-2024.odt 1 of 3 2026:BHC-AUG:38733-DB the deceased shows that present applicant cheated him for Rs. 11 to 12 Lakhs and when he demanded the said money applicant refused to pay the same. It is further stated that six months prior to commission of suicide he started smoking as well as drinking excessively and as a result he lost respect of people/acquaintances. He attempted to commit suicide on previous two to three occasions however did not commit suicide considering the interest of his children and wife. He specifically states that since he had no money to pay rent as well as installment of Bhishi he has no option but to commit suicide. 4. Learned Counsel for the applicant submits that even accepting the fact that the left behind him chit as recorded/mentioned in the First Information Report, offence punishable under Section 306 does not get attracted against the applicant. It is his submission that there is no evidence in order to show that any money was received by the applicant from the deceased. It is also his submission that since the entire incidences have occurred are atleast six months prior to commission of suicide, there is no proximity between the said incidences and the act of suicide by him. 5. Learned APP opposed application by referring to the First Information Report and more particularly the statements made by the deceased in the chit left behind. It is her submission that the act of cheating by the applicant to the extent of Rs. 12 Lakhs to the informant 948-Cri Appln-418-2024.odt 2 of 3 itself is sufficient to drive him to commit suicide. 6. This court is informed that the chit has been sent to the handwriting expert and the said report is yet to be received. Accepting the said writing to be of deceased, for the sake of argument, it only indicates that he referred to certain incidences which occurred prior to six months of commission of suicide. Thus, there is no proximity in time in the said incidents and action of suicide. Though there is allegation in the chit with regard to Rs. 11 to 12 Lakhs being taken by the applicant and he having cheated the deceased, charge sheet does not indicate any such evidence collected during investigation. Apart from the fact that there is no proximity in time in respect of those incidents and the act of commission of suicide even otherwise it is difficult to accept that there was intention on the part of the applicant to aid and abet commission of suicide. The aforesaid accusations, even if taken at face value and accepted in their entirety, do not constitute any offence in view of guidelines enumerated in the judgment of Hon’ble Supreme Court in case of State of Haryana and others Vs. Ch. Bhajan Lal and ors 1992 SCC (Cri) 426. 7. In view of above discussion, application Stands allowed in terms of Prayer Clauses “B and B-1” (R. M. JOSHI, J.) B. S. Joshi 948-Cri Appln-418-2024.odt 3 of 3