Bombay High Court
PADMABAI BABASAHEB WANIversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- DISPOSED OFF
- Bench
- S G CHAPALGAONKAR
Holding
The FIR and the consequent criminal proceedings against Padmabai Balasaheb Wani are quashed as the essential elements of the alleged offences are not made out.
Summary
Padmabai Balasaheb Wani applied to quash FIR No.385/2023 and the related Sessions case, alleging that the allegations of abetment of suicide, intimidation and insult were unsupported. The deceased, Pravin Jore, died by strangulation on 4 January 2023, and the FIR was lodged six months later, based solely on the informant’s claim that the accused were pressuring him for loan repayment. The Court observed that the FIR and charge‑sheet lacked any specific details of harassment, did not establish the requisite mens rea for Sections 306, 504 or 506 IPC, and noted the delay and failure to record statements. It also found no material distinguishing Wani’s case from a similar case of Kiran Rajput, which had already been quashed. Consequently, the Court allowed the application and quashed the FIR and the pending criminal proceedings against Wani.
Issues considered
- What is the adequacy of the material in the FIR and charge‑sheet to establish the elements of Sections 306, 504 and 506 IPC against the applicant?
- Does the delay in lodging the FIR and the absence of recorded statements affect the viability of the prosecution?
- Should the FIR and consequent Sessions proceedings be quashed on the ground of insufficient evidence?
Legislation cited
- Indian Penal Code, 1860 — s. 107, 306, 34, 504, 506
Subjects
- abetment of suicide
- quashment of FIR
- criminal intimidation
- IPC sections 306 504 506
- delay in FIR
- mens rea
- criminal application
Judgment
2026:BHC-AUG:1667-DB
(1) appln-1262-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1262 OF 2025
Padmabai Balasaheb Wani,
Age 37 years, Occu. Agril.,
R/o Patil Galli, Taluka Vaijapur,
District Aurangabad. ..Applicant
(Orig. Accused)
Versus
1. The State of Maharashtra,
Through the Investigation Officer,
Vaijapur Police Station,
Tq. Vaijapur, District Aurangabad.
2. Balnath s/o Nivrutti Jore,
Age 62 years, Occu. Retired,
R/o Patil Galli, Tq. Vaijapur,
District Aurangabad. ..Respondents
…
Mr. S. D. Jayabhar, Advocate for Applicant.
Mr. V. M. Lomte, APP for Respondent No.1.
Mr. U. V. Khonde, Advocate for Respondent No.2.
…
CORAM : S. G. CHAPALGAONKAR, J.
DATED : 08th JANUARY, 2026.
FINAL ORDER:-
1. The applicant/accused seeks quashment of FIR in Crime
No.385/2023 registered with Vaijapur Police Station, District
Aurangabad for offences punishable under Sections 306, 506, 504
r/w 34 of Indian Penal Code and consequential proceeding in
Sessions Case No.72/2024 pending before Sessions Court at
Vaijapur.
2. On information of respondent no.2, Crime No.385/2023 dated
18.07.2023 came to be registered against two accused persons
(2) appln-1262-2025.odt
including applicant. In short, it has been alleged by informant that
on 04.01.2023 his son Pravin Jore died on account of strangulation.
It is further alleged that on 02.01.2023 while informant was at
home alongwith his wife, their son Pravin came at home after
closing electrical shop. He was mentally disturbed. When
informant asked reason for his disturbed mental condition, he told
that he obtained loan on interest from accused persons. Although
loan amount was repaid, accused persons were pursuing for
payment of further amount. On 04.01.2023 at about 04.50 pm
informant received phone call from Nilesh Jore informing that
Pravin has committed suicide by strangulation at home. According
to informant, deceased Pravin committed suicide due to abatement
of accused persons.
3. It appears that, on completion of investigation, final
report/charge-sheet No.108/2024 has been filed on 10.04.2024 in
Court of Magistrate, who committed case for trial to Sessions
Court. Accordingly, Sessions Case No.72/2024 was registered.
During pendency of aforesaid proceeding, accused no.1-Kiran
Rajput filed Criminal Application No.3457/2023 before this Court
for quashment of FIR and further proceeding in Sessions Case
No.72/2024 registered pursuance to FIR. This Court after
considering contents of FIR and charge-sheet observed in
paragraph nos.11 and 12 as under:
(3) appln-1262-2025.odt
“11. We are afraid that these allegations even if taken on
their face value will not indicate that the applicant was
harassing deceased Pravin in order to recover the money
allegedly due and payable to them. The allegations in the
FIR and the statements are pertinently silent with respect
to the nature and extent of harassment, so also the
tentative period thereof. Most importantly the allegations
only suggest pressure tactics adopted by the applicant for
the purpose of recovery of money. These allegations fall
grossly short of establishing the ingredients of Sections 107
and 306 of the IPC in as much as mens rea for forcing the
deceased to end his life is not made out even if entire
material is assumed to be true and correct on its face
value. We are aware that the matter is yet to go to trial,
however, for the present, even if the entire material
gathered by prosecution is assumed to be true, the charge
under Section 306 of the IPC cannot be sustained. We are,
therefore of the considered opinion that the FIR and
criminal prosecution against the applicant deserves to be
quashed since essential elements of the offence are not
made out on the basis of material gathered by the
prosecution.
12. It may be stated that the deceased has committed
suicide on 04.01.2023 and the FIR is lodged on 18.07.2023
i.e. after a period of six and half months. It will also be
pertinent to mention here that the Investigation Agency
had tried to record statements of family members after the
demise during the course of initial investigation when
accidental death case was registered. However, the
informant and his family members had not given their
statements at that stage though there was opportunity. The
record also indicates that on 17.06.2023 after repeated
telephonic calls the informant and his family members
had visited the Police Station for recording their
statements, however, they left the Police Station without
giving any statement to the police authorities. The FIR is
lodged on 18.07.2023 i.e. after a period of one month from
17.06.2023.”
and finally quashed FIR and further proceeding in Sessions
Case No.72/2024 to the extent of accused no.1-Kiran Rajput.
(4) appln-1262-2025.odt
4. Perusal of FIR and charge-sheet would show that allegations
against applicant/accused no.1 are para materia with allegations
against accused no.1. Even contents of charge-sheet would show
that except family members of deceased i.e. informant and his wife
no other evidence is brought on record indicating abatement to
deceased to commit suicide on part of applicant.
5. The learned Advocate appearing for respondent no.2 as well
as learned APP were called upon to demonstrate any other
material that would distinguish case of applicant from case of
accused no.1-Kiran Rajput against whom FIR and proceeding is
already quashed and set aside. However, they could not bring to
notice of this Court any such material.
6. In that view of matter, for reasons as recorded by Division
Bench of this Court in Criminal Application No.3457/2023, present
Criminal application deserves to be allowed. Hence, following
order:
ORDER
a. Criminal Application is allowed.
b. The FIR bearing Crime No.385 of 2023 registered with
Vaijapur Police Station, District Aurangabad on 18.07.2023 for
offences punishable under Sections 306, 504, 506 read with Section
34 of the IPC as well as charge-sheet/final report No.108/2024
(5) appln-1262-2025.odt
dated 10.04.2024 and consequential proceeding in Sessions Case
No.72 of 2024 pending on file of the Sessions Judge, Vaijapur,
District Aurangabad, are hereby quashed against present
applicant-Padmabai Balasaheb Wani.
(S. G. CHAPALGAONKAR)
JUDGE
Devendra/January-2026
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