CR APPLN 3479 OF 2025 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 968 CRIMINAL APPLICATION NO. 3479 OF 2025 . Venkat s/o Maroti Amrutwar Age: 31 years, Occu.: Business, R/o.Bhokaskheda, Tq.Degloor, District Nanded. ….Applicant (Orig. Accused) Versus 1) The State of Maharashtra Through Police Station, Degloor, District Nanded. 2) Balaji s/o Chandrakant Honalwad Age: 29 years, Occu.: Fishery, Bhoigalli, Bhavani Chowk, Degloor, Nanded, District Nanded. …..Respondents (R.No.2/o-complainant) ….. Mrs. Surekha G. Chincholkar, Advocate for Applicant. Mrs.Ashlesha S.Deshmukh APP for Respondent No.1. Mr.Tahiwarkhan Wajeedkhan Pathan ….. CORAM : ABHAY S. WAGHWASE, J. Reserved on : 24-07-2026 Pronounced on : 27-07-2026 ORDER : 1. In present application, prayers are raised for quashing of Crime No.198 of 2025 registered at Degloor Police Station, Taluka Degloor, District Nanded, for offence punishable under Section 108 of the Bharatiya Nyaya Sanhita, subsequent chargesheet and order of issuance of process dated 17-10-2025 passed by learned Judicial Magistrate First Class, Degloor. 2026:BHC-AUG:30992-DB CR APPLN 3479 OF 2025 -2- 2. Learned counsel for the applicant pointed out that, there is false implication. That, in the entire chargesheet, there is nothing to indicate abetment, inducement, to commit suicide. That, FIR was lodged by brother of deceased Sunita, who allegedly hanged herself on 11-03-2025. Learned counsel for the applicant pointed out that, immediately thereafter, father of deceased has filed A.D. and as such, there is no allegation of any sort against any one including present applicant. However, brother of deceased, after almost one month of suicide, filed complaint alleging that, marriage of applicant and deceased was fixed, but applicant subsequently refused to marry and rather fixed marriage with another girl. 3. Learned counsel pointed out that, there was no promise of marriage and there was no assurance to marry. That, there are allegations that, applicant, prior to marriage, maintained physical relations with deceased, but subsequently backed off and thereby it is submitted that, applicant is held responsible for the suicide committed by sister of informant. 4. Learned counsel pointed out that, suicide was committed while she was residing with informant and her family members. That, applicant has no concern. That, there is nothing incriminating against CR APPLN 3479 OF 2025 -3- applicant in proximity to suicide and as such present FIR being sheer abuse of process of law, learned counsel prays for quashment of crime, chargesheet as well as issue process order. 5. Learned APP as well as learned counsel for informant resisted above application on the ground that, applicant had agreed to perform marriage with deceased Sunita and had also become intimate with deceased, but subsequently he refused to marry her and rather decided to marry another girl. That, only because of such conduct and behaviour of applicant towards her, deceased was under mental tension and she committed suicide by hanging. That, applicant is solely responsible for the said suicide. They both pointed out that, there are text messages exchanged between deceased and applicant and as such, there is sufficient evidence to frame charge and proceed with trial. 6. Heard. Perused the FIR dated 16-04-2025 at the instance of one Balaji Chandrakant Honalwad, who happens to be brother of deceased Sunita, aged 25 years. He reported that, his sister hanged herself on 11-03-2025. However, as pointed out FIR is after almost a month or so as it is of 16-04-2025. There is no reason supplied for delayed FIR. On further reading of informant’s statement, it is CR APPLN 3479 OF 2025 -4- emerging that, two years back, there were just talks of performing marriage of deceased Sunita with applicant as he was in the relation. Therefore, such material in the FIR shows that there was mere discussion and no formal engagement or marriage was fixed. He further reported that, since discussion of marriage of his sister with applicant, applicant was visiting their house to come to meet his sister and he stated that during his such visits, there were physical relations of both of them. Realizing their intimacy, understanding was given to applicant not to come when she was alone. He further stated that, his sister and applicant were exchanging love messages to each other. 7. It is seen from FIR that, informant brother reported that, one year back, applicant had refused to perform marriage with his sister on the ground of her looks and he did not like her and as such, his sister was under mental pressure. He reported that, instead of marrying his sister, applicant fixed marriage with another girl from his relation and date of marriage was fixed as 20-05-2025 and since then, his sister was under mental tension and was continuously weeping. He claims that on 10-03-2025 his sister went for purchasing clothes in the afternoon and on 11-03-2025 at around 07:00 a.m. she hanged herself to a tree in the field of one Raju Patil. Thus, he holds applicant responsible. CR APPLN 3479 OF 2025 -5- 8. From above discussed FIR, it is clear that suicide is of 11-03-2025, but report is lodged on 16-04-2025 i.e. after a month or so. Secondly, there were mere discussions of marriage of applicant and deceased since two years prior to suicide. Though informant claims that applicant was visiting their house and whenever she was alone, he used to maintain physical relations, exactly when it happened has not been stated even by approximation. Indeed, there are chats sent from mobile of deceased and copies of the which are part of chargesheet atleast do not demonstrate that deceased blamed applicant for having physical relations with her and subsequently refusing to marry her. Admittedly, marriage was called off since one year prior to the suicide. There is nothing to show that in the interregnum period, applicant was in contact with deceased i.e. prior to her alleged suicide dated 11-03-2025. Moreover, deceased was residing with her family members. There is no reference about accused in A.D. There are allegations that, after learning about marriage of applicant fixed with another girl and it was to be performed on 20-05-2025, since then, deceased was said to be weeping and under mental tension. However, mere refusal to marry or calling off the decision to perform marriage would not amount to abetment to commit suicide. There is nothing to show that applicant induced, instigated or abetted the suicide as he was residing at CR APPLN 3479 OF 2025 -6- Bhokaskheda, Tq.Degllor, whereas deceased resided at Bhoigalli, Bhawani Chowk, Degloor and both places are distinct. There is nothing incriminating regarding involvement of applicant immediately prior to or in proximity to suicide dated 11-03-2025. Even if accused expressed his disapproval towards marriage, it does not rise to a level of direct/indirect instigation of abetting suicide. 9. Consequently, in the light of above discussion, apparently FIR does amount to a abuse of process of law and therefore, further proceedings in consequence to it cannot be allowed to be sustained. Accordingly, following order is passed : ORDER I. The application is allowed. II. FIR No. 0198 of 2025 dated 16-04-2025 registered at Degloor Police Station, Taluka Degloor, District Nanded, for offence punishable under Section 108 of the Bharatiya Nyaya Sanhita, the chargesheet No.192 of 2025 dated 16-10-2025 and order of issuance of process dated 17-10-2025 passed by the Judicial Magistrate First Class, Degloor, are hereby quashed and set aside. III. The application is accordingly disposed off. [ABHAY S. WAGHWASE, J.] SPT