SANDHYA AVINASH MANE AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

2026:BHC-AUG:40376-DB


                                                                   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.



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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



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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



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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



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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.



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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



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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



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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



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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




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