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2025 Supreme(Online)(Bom) 249375
HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE R. G. AVACHATHON'BLE SHRI JUSTICE ABASAHEB DHARMAJI SHINDE
MOHIT RAJU CHOPRA AND OTHERS – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent
--APPLN/4756/2024
For the Appellants/Petitioners: Ajay Mishra
For the Respondents: Jayshri P. Reddy
For abetment of suicide under Section 306 IPC, there must be proof of direct or indirect instigation in close proximity to the suicide; mere harassment without proximate action does not suffice.
Headnote:(A) Indian Penal Code, 1860 - Sections 306, 498-A, 107, 34 - Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - Abetment of suicide - Cruelty by husband or relatives - Quashing of FIR - To sustain charge under Section 306, proof of direct or indirect act of instigation or incitement to commit suicide, which must be in close proximity to the commission of suicide, is essential - Mere allegations of harassment without positive action proximate to the time of occurrence are insufficient - Hypersensitivity of deceased and prior history of suicidal tendencies are relevant factors - Absence of mens rea to abet suicide. (Paras 7-12)
(B) Indian Penal Code, 1860 - Section 498-A - Cruelty - Vague and generalised allegations in matrimonial disputes, if not scrutinised, lead to misuse of legal process - FIR lodged with ulterior motive for wreaking vengeance falls within parameters for quashing as laid down in State of Haryana v. Bhajan Lal (1992). (Paras 16-18)
(C) Criminal Procedure - Quashing of criminal proceedings - Where continuation of proceedings amounts to abuse of process of law, FIR and consequent charge-sheet liable to be quashed. (Paras 20-21)
Facts of the case:
The informant (respondent no.2) lodged FIR alleging that his deceased daughter Tanvi was harassed by her husband and in-laws (applicants) for dowry and subjected to mental cruelty, leading her to commit suicide by consuming poison. The applicants sought quashing of the FIR and charge-sheet. The court noted that the deceased had a history of depression and had attempted suicide earlier due to her mother's death and miscarriage. She lived separately from the applicants from September 2022 to February 2024 without any grievance, then at her parental home for about a month before committing suicide. The FIR was filed over a month after the death.
Findings of Court:
There was no direct or indirect act of instigation by the applicants in close proximity to the suicide. The deceased was hypersensitive and had a pre-existing suicidal tendency. The allegations of cruelty under Section 498-A were vague and not proximate to the suicide. The FIR was maliciously instituted to settle personal scores. Consequently, the ingredients of Sections 306 and 498-A were not made out.
Issues: (i) Whether the allegations in the FIR and charge-sheet prima facie constitute offences under Sections 306 and 498-A IPC? (ii) Whether the criminal proceedings ought to be quashed as an abuse of process of law?
Ratio Decidendi: For abetment of suicide under Section 306 IPC, there must be proof of direct or indirect acts of incitement that are proximate to the suicide. Mere harassment or cruelty, without such proximate instigation and without mens rea, does not sustain the charge. Hypersensitivity of the deceased and absence of proximity between the alleged acts and the suicide are relevant. Section 498-A should not be used as a tool for vendetta; vague and generalised allegations warrant quashing.
Result: Criminal application allowed. FIR No.0469/2024, consequential charge-sheet, and proceedings in R.C.C. No.416/2024 quashed and set aside. Rule made absolute with no order as to costs.
2025:BHC-AUG:38067-DB
1 Cri.APPLN.4756.2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 4756 OF 2024
1. Mohit Raju Chopra
2. Raju Laxminarayan Chopra
3. Priti Raju Chopra
All R/o.Flat No.03
Mahaveer Darshan Building
Jivdani Complex, V.S.Road, Virar
Tal.Vasai, Dist.Palghar. … APPLICANTS
VERSUS
1. The State of Maharashtra
through in charge of
Srirampur City Police Station
Srirampur, Dist. Ahmednagar
2. Bharat Arjundas Narang
R/o. Zulelal Panth, Tambe Chawl
Ward No. 1 Srirampur,
Dist.Ahemednagar. … RESPONDENTS
…
Advocate for the Applicants : Mr. Ajay Mishra
AGP for Respondent/State : Ms. Jayshri P. Reddy
…
CORAM : R.G. AVACHAT AND
ABASAHEB D. SHINDE, JJ.
DATE : 24.12.2025
JUDGMENT ( ABASAHEB D. SHINDE, J.) :
1. Heard. Rule. Rule is made returnable forthwith. With the
consent of the parties the matter is heard finally at the stage of admission.
##PAGE2##2 Cri.APPLN.4756.2024.odt
2. By this criminal application filed under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants are seeking
quashment of the FIR No.0469/2024 registered with Shrirampur City
Police Station dated 19.04.2024 for the offences punishable under
Sections 306, 498-A read with Section 34 of the Indian Penal Code (for
short the IPC) and the consequential charge-sheet filed pursuant to the
same.
3. Facts giving rise to filing of this Criminal Application are as
follows :
i. The Respondent No.2 – informant lodged the FIR with
Shrirampur Police Station alleging that his deceased daughter,
Tanvi got married with the applicant No.1 on 16.02.2021. He
had performed their marriage gracefully by spending
Rs.25,00,000/-, however, the applicants No.1 to 3 were
harassing deceased Tanvi by taunting her that the marriage
performed by the informant was not as per their pleasure and by
not offering proper respect. It is also alleged that the deceased
Tanvi because of said ill-treatment given by the applicants No.1
to 3 was under tremendous mental stress. Once when she
suffered fracture to her right leg, the applicants No.1 to 3 did not
take proper care nor even bothered to meet her. She always
##PAGE3##3 Cri.APPLN.4756.2024.odt
used to make a grievance with the informant that no meaning
left in her life to survive anymore and she is experiencing
suicidal thoughts or feelings. However, the informant used to
console her everytime.
ii. It is further alleged that from September 2022 to February 2024,
deceased Tanvi started residing separately with her husband
(applicant no.1) at Malad, Mumbai, in rented flat. She was
doing a private job at Vikroli, Mumbai. It is further alleged that
the applicants No .2 and 3 were not allowing the applicant No.1
to stay with her, as a result of which deceased Tanvi was feeling
lonely and she was kept away from the love and affection of
applicant No.1. It is further alleged that the applicants No.2 and
3 visited at her rented flat in the month of February 2024 and
threatened her on account of demand of money from the
informant.
iii. It is further alleged that deceased Tanvi thereafter came to her
parental home, however, she was under depression and mental
stress because of mental and physical harassment and ill-
treatment meted out by the applicants No.1 to 3. It is further
alleged that she was always thinking of committing suicide. On
11.03.2024 she went missing as a result of which the
Respondent No.2/informant lodged a missing report with the
##PAGE4##4 Cri.APPLN.4756.2024.odt
police station, however, on 12.03.2024 at 02:00 am she was
found lying unconscious in industrial area at Shrirampur.
Thereafter, she was taken to the hospital where she was declared
as dead. The casue of death is shown as consumption of
poisonous substance. Hence, Respondent No.2 lodged the FIR
against the applicants No.1 to 3.
4. The learned counsel for the applicants submits that the
applicants No.1 to 3 are innocent and they have been falsely implicated in
the impugned crime. It is further contended that they have neither
subjected the deceased to harassment nor there was
