Crim.Appln.258/2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 258 OF 2024 1. Sandhya W/o Avinash Mane (Sister-in-law) 2. Laxman S/o Bhanudas Narwade (Died) 3. Mira W/o Laxman Narwade (Mother-in-law) 4. Vilas S/o Laxman Narwade (brother -in-law of deceased) ...Applicants Versus 1. The State of Maharashtra 2. Eknath S/o balasaheb Kate ...Respondents Mr. S. R. Andhale, Advocate for Applicants Ms. P. J. Bharad, APP for the Respondent/State Mr. S. R. Zambare, Advocate for Respondent No.2 CORAM : R. M. JOSHI, J. DATED : 28th AUGUST, 2026 PER COURT :- 1. At the outset, it needs to be recorded that during the pendency of the present proceedings, Applicant No. 2 has passed away. Thus, the present proceedings stands abetted against Applicant No. 2. 2. The present Applicant has preferred this application under section 482 of the Code of criminal procedure for quashing of FIR as well as Chargesheet in connection is Crime No. 821 of 2023 registered with Pathardi Police Station, Tal. Pathardi, Dist. 1 of 9 2026:BHC-AUG:40376-DB Crim.Appln.258/2024 Ahmednagar for the offence punishable under section 306, 323, 498A, 504, 506 read with Section 34 of Indian Penal Code, so also seeks quashment of R.C.C No. 174/2025 and order of issuance of process dated 03/04/2025 passed by learned JMFC, Pathardi. 3. It's the case of the prosecution that the present case arises out of a complaint lodged on 09/08/2023 by the Informant/Respondent No. 2-Eknath Babasaheb Kate, regarding the unnatural deaths of his elder sister, Manisha, and her minor son-Omkar. As per the complaint, Manisha was married to Sandip Laxman Narwade-Husband about 15 to 20 years prior to the incident and resided at Tisgaon, Taluka Pathardi. On the night of 08/08/2023, the informant received a call from Applicant No.3- Mother-in-law, inquiring if Manisha and her son had come to her parental home. Upon searching the following morning, the informant and his father discovered the bodies of Manisha and Omkar floating in the well situated in the agriculture field of Applicants. Both were taken to the Sub-District Hospital, Pathardi, where they were pronounced dead. 4. It is further the case that according to the information, although the initial 4 to 5 years of marriage were peacefully, the 2 of 9 Crim.Appln.258/2024 Applicants subsequently began subjecting the deceased to continuous physical and mental harassment coupled with monetary demands. The informant’s family allegedly met these financial demands on multiple occasions, including providing funds to purchase a vehicle and livestock, Rs.3,00,000/- for medical treatment when she was unable to conceive, and Rs.4,00,000/- for house construction. Further, harassment allegedly escalated due to demands for money towards the medical treatment of her son Omkar, who suffered from a speech impediment. It is also alleged that about 15 days prior to the incident, the husband had physically assaulted her and threatened her life over a minor dispute. 5. It's alleged that present applicants persistently harassed the deceased regarding domestic chores, restricted her visits to her parental house, assassinated her character, and repeatedly demanded money from her parental family. Unable to bear the alleged constant cruelty and financial extortion, the deceased- Manisha allegedly jumped into the field well along with her Son- Omkar, thereby committing suicide and causing the death of her son. Based on these allegations, the First Information Report was 3 of 9 Crim.Appln.258/2024 registered and Chargesheet came to be filed. 6. The learned counsel for the Applicants submits that this is a case instituted in order to cause harassment to present Applicants. It's contended that by no stretch of imagination it can be said that present Applicants have instigated and abetted that commission of suicide as there is absence of mens rea, so also offence under section 498A of IPC cannot be attracted for want of specific allegations of they harassing the Deceased i.e. sister of Respondent No. 2. There is no proximity between the alleged threats, so also the assault caused and the act of commission of suicide. It's further argued that there is no suicide note left by the deceased in order to indicate that present Applicants have pushed the deceased beyond human limits, thereby abetting and instigating the commission of suicide. He finally submits that a subsequent FIR was lodged by the informant in order to pressurize the present Applicants. 7. The learned APP and Learned Counsel for Respondent No.2 vehemently oppose grant of any relief in Applicants favour. It's canvassed that the applicants are named in the FIR to have caused assault upon the deceased and repeatedly harassed her thereby instigating her to commit suicide along with her son. It's further 4 of 9 Crim.Appln.258/2024 submitted that there is proximity between the alleged threats, so also the assault caused and act of commission of suicide by the deceased. They further contend that requirements of Section 306 are sufficed as it's evident from perusal of investigation papers that husband of the deceased subjected her to physical and mental harassment soon before she committing act of suicide, so also offence under section 498A is made out as there are specific allegations of harassment caused by the husband of the deceased and present Applicants, which further aggravated and pushed the deceased to commit suicide along with her son. 8. Learned Counsel for Respondent No.2 further submits that charge has already been framed against the present Applicants and witness summons are issued. Learned Counsel for Applicants in order to counter the above, states that irrespective of the said fact, if the Applicants make out case, quashment of proceeding at any stage could be done. 9. It needs to be recorded at this stage that husband of the deceased is not an Applicant in present proceedings. This court, therefore, is required to consider whether prima facie offense is made out against present Applicants who are relatives of husband. 5 of 9 Crim.Appln.258/2024 10. It's undisputed from the record that marriage between the deceased and the Husband of deceased was solemnized in accordance with rites and customs and out of the said wedlock, son-Omkar was born after 7 to 8 years of marriage. It's evident from record that the deceased was treated well for 4 to 5 years after marriage and thereafter, it is alleged that she was verbally abused, so also mentally and physically harassed by her husband and present Applicants for purchase of vehicle and livestock, construction of house in village and further harassment was caused by the Applicants for treatment of deceased son-omkar as he was ailing from speech impairment. Further perusal indicates that 15 days prior to the incident of the deceased committing suicide along with her son, she was subjected to physical assault by her husband and was threatened to be killed by him. Thus, this indicates that there was a split in conjugal bonds between deceased and husband of deceased some time after solemnization of their marriage and crack in relations between present Applicants and the deceased. Further perusal of investigation papers reveals that there are specific allegations attributable against the husband of deceased about he verbally and physically harassing Deceased over a minor 6 of 9 Crim.Appln.258/2024 dispute in their house and it's alleged that he had threatened to kill her 15 days before the deceased committed suicide. 11. In so far as allegations against the present Applicants of they harassing and abetting the commission of suicide by the deceased is concerned, the record does not indicate any specific allegations levelled against the Applicants. Investigation papers show that allegations against the present applicants are vague and omnibus and only regarding they verbally abusing and causing physical assault and mental distress to the Deceased. On the basis of such vague and arbitrary allegations against the present Applicants, their implication in the said offense is sought. 12. With regards to deceased committing suicide along with her son is concerned, for want of any allegations under section 306 of IPC against the present Applicants of they playing an active role and abetting the commission of suicide of the deceased, the prosecution has to show from the investigation papers that there is proximity between the alleged threats, assault caused and act of suicide being committed by the deceased. Prima facie perusal of investigation papers reveal that there is no allegation of any act being committed by the present Applicants in close proximity to the 7 of 9 Crim.Appln.258/2024 date of suicide. There must be direct or indirect act of instigation on part of present Applicants linked to the commission of suicide by deceased and the investigation papers should disclose that Applicants had mens rea and played an active role in order to attribute offence of abetment to suicide against them. 13. With regards to statement of Witnesses recorded are concerned, the same indicates allegations of physical and mental cruelty being caused by husband of the applicant just before the commission of suicide by deceased along with her son and arbitrary and omnibus allegations of verbal and physical harassment are levelled against present Applicants which are not sufficient to implicate the Applicants as culpable for the acts alleged. 14. From perusal of investigation papers, it's evident that, without any specific allegations, the Applicants are brought in sweep of this crime only because they are close to husband of deceased, so also there is no proximate link between the between the Applicants physical and mentally harassing her and the act of commission of suicide by the deceased along with her son. The Applicants have not committed any direct act in order to instigate or aid in the commission of suicide by the deceased. The above indicates that 8 of 9 Crim.Appln.258/2024 the elements of offence as alleged against Present Applicants are not made out. 15. Hence, in the view of the above discussion, application stands Allowed in terms of prayer clause “B”, “F-1”, and “F-4”. ( R. M. JOSHI, J.) Malani 9 of 9