Abetment of suicide requires proof of clear mens rea, positive instigation, and a close proximate nexus between the accused's acts and the act of suicide. Long-standing neighborhood disputes or confrontational quarrels, without evidence of specific intent to drive the victim to death, do not constitute abetment.

2025:BHC-AUG:25135-DB

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.3297 OF 2024

1. Vijay Laxman Patil,

Age: 41 years, Occu.: Driver

2. Mohini Vijay Patil,

Age: 35 years, Occu.: Household,

Both R/o. Village Kedi Pra. Ja,

Tal. Amalner, Dist. Jalgaon. … Applicants

Versus

1. The State of Maharashtra,

Through its Amalner Police Station, Amalner, Tal. Amalner, Dist. Jalgaon

2. Satish Morchand Patil,

Age: 31 years, Occu: Service,

R/o. Gut No. 176/177, Ganesh Nagar,

Talwade, Pune. … Respondents

......

Mr. Vijay B. Patil, Advocate for Applicants

Mr. S.A. Gaikwad, APP for Respondent No.1 – State

Mr. N.S. Shah, Advocate for Respondent No.2

......

CORAM : SMT. VIBHA KANKANWADI AND

HITEN S. VENEGAVKAR, JJ.

DATED : 03 SEPTEMBER, 2025

JUDGMENT [Per Hiten S. Venegavkar]:-

1. Rule. Rule made returnable forthwith. With the consent of the learned advocates appearing for the respective parties, the matter is

taken up for final hearing at the admission stage.

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2. The present applicants are arraigned as accused Nos. 5 and 6, respectively, in C.R. No. 05 of 2021 dated 06.01.2021, registered with Amalner Police Station, Taluka Amalner, District Jalgaon, for the offences punishable under Sections 306, 354, 448, 143, 323, 504, 506, and 427 read with Section 34 of the Indian Penal Code (hereinafter referred to as the 'IPC'). The applicants invokes inherent powers of this Court under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Cr.P.C.'), seeking quashing of aforesaid FIR along with charge-sheet and further consequential proceedings is Sessions Case No.08 of 2022, pending before the learned Sessions Judge, Amalner, District Jalgaon.

FACTUAL MARTRIX :

3. FIR No. 05 of 2021 was registered at the instance of one Satish Morchand Patil, the son of the deceased, Ushabai Morchand Patil. It is alleged that the Ushabai was residing alone in her house at village Khedi (Khurd). Since February 2020, her neighbours, namely (1) Bhagwan Pandit Patil, (2) Jyerndbai Bhagwan Patil, (3) Kamlesh Bhagwan Patil, (4) Amol Bhagwan Patil, (5) Vijay Laxman Patil, and (6) Mohini Vijay Patil, who are also related to the complainant, has been harassing Ushabai. On the occasion of some religious function in the house of Bhagwan Pandit Patil, Ushabai had come to the Amalner at {3}

Market for marketing. After completing the shopping, Ushabai returned to her house in the village and found that an offering (Naivedya) to god had been placed beneath the Peepal tree in front of her house. Ushabai, therefore questioned Kamlesh Bhagwan Patil as to why they have placed the offering at such a place wharve dog have spread it all over and likely to come under the feet of passersby. It is alleged that the accused persons got angry and started assaulting Usahabai with kicks and fist blows and were also hurling abuses. The Ushabai immediately informed the complainant about the incident over the phone. The aforesaid incident was also reported to Amalner Police Station by Ushabai. When the accessed persons came to know about the said complaint, they also filed separate complaint against Ushabai. During the enquiry complaints, both the parties have summoned by Police. Parties arrived at a compromise and the complaints were resolved. It is further alleged that, in the month of April 2020, while Ushabai was filling water from public tap, she informed the neighbouring residents about the alleged incident of assault and abuse. Hearing the said talk, it is alleged then accused again gave abuses to deceased and threatened her to assault by saying that, ‘nobody can do anything to us’. It is alleged that, at that time also, she was assaulted and abused. The aforesaid incident was also informed by Ushaba to her daughter Smita Umesh Baviskar and Durga Dinesh Patil on phone. It is further alleged that the informant {4}

told the deceased that there is lockdown all over due to corona and he is unable to come; and therefore, if any legal action is required to be take