Bombay High Court

SHAIKH MOIN MOHAMMAD SUBHAN AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The Court held that prima facie material exists to sustain the charges, and therefore the application for quashment is rejected.

Summary

The applicants, Shaikh Moin, Mushtaq and Manisha, filed a criminal application seeking quashment of a Sessions case (No. 82/2022) concerning alleged offences under Sections 306, 504 and 34 of the Indian Penal Code arising from the deaths of Yogesh Khiste and Dnyanesh Shirsath, who were found strangulated after a purported suicide. The investigation was based on information from Suresh Khiste and included suicide notes alleging that the applicants had filed a false report against the deceased, as well as handwriting analysis linking the notes to the applicants. The prosecution filed a charge‑sheet and the trial court framed charges; the applicants argued, citing Supreme Court precedents, that the evidence was insufficient to establish abetment of suicide. The High Court examined the material, noted the presence of suicide notes directly implicating the applicants and the proximity of the applicants to the deceased before their deaths, and concluded that there was prima facie material to proceed. Consequently, the application for quashment was rejected.

Issues considered

Whether the material on record is sufficient to constitute an offence under Section 306 IPC (abetment of suicide).
Whether the evidence establishes the ingredients of offences under Sections 504 and 34 IPC.
Whether the criminal application for quashment of the proceeding should be entertained.

Legislation cited

Indian Penal Code, 1860 — s. 306, 34, 504

Subjects

abetment of suicide
false report
suicide note
handwriting analysis
quashment of criminal proceeding
IPC Section 306
IPC Section 504
IPC Section 34
prima facie evidence

Judgment

2026:BHC-AUG:14838-DB
(1) appln-2776-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.2776 OF 2021

1. Shaikh Moin s/o Mohammad Subhan,
Age: 59 years, Occu: Retired,
R/o. Azadnagar, Sillod, Tq: Sillod,
Dist; Aurangabad.

2. Mushtaq s/o Gafurkhan Pathan,
Age: 53 years, Occu: Agri.
R/o. Kathora Bazar, Tq: Bhokardan,
Dist: Jalna, At present- Bapunagar,
Sillod, Tq: Sillod, Dist: Aurangabad.

3. Manisha w/o Sanjay Kale,
Age: 39 years, Occu: Household,
R/o: Maulinagar, Sillod, Tq: Sillod,
Dist: Aurangabad. ..Applicants

Versus

1. The State of Maharashtra.

2. Suresh s/o Sudhakar Khiste,
Age: 28 years, Occu: Agri.
R/o.: Pimpri, Tq: Sillod,
Dist: Aurangabad ..Respondents
(No.2-Orig. Complainant)
…
Mr. Imran Khan Guffar Khan Durrani, Advocate for the
Applicants.
Mr. K. B. Jadhavar, APP for Respondent-State.
Mr. R. R. Kazi a/w Mr. Swapnil V. Lohiya, Advocate for
Respondent No.2.
…
CORAM : S. G. CHAPALGAONKAR, J.

RESERVED ON : 13th FEBRUARY, 2026.
PRONOUNCED ON : 08th APRIL, 2026.

JUDGMENT:-

1. The applicants seeks quashment of proceeding in Sessions

Case No.82/2022 pending before Additional Sessions Judge,
(2) appln-2776-2021.odt

Aurangabad arising out of Crime No.161/2023 registered with

Sillod (Rural) Police Station, Dist. Aurangabad for offences

punishable under Sections 306, 504, 34 of Indian Penal Code.

2. The investigation was set in motion on the basis of

information given by one Suresh Khiste. In nutshell it is stated

that his younger brother Yogesh Khiste and his friend Dnyanesh

Shirsath were employed as watchman at godown of Mr. Vijay

Ananda Pawar. On 05.07.2021, Yogesh and his friend Dnyanesh

had been to godown. On 06.07.2021 at about 1.50 am he received

phone call from Vijay Pawar that Yogesh and Dnyanesh have

committed suicide. They have put Whatsapp status alongwith

suicide note. When he reached to spot, he found that Yogesh and

Dnyanesh were strangulated to wooden log. The police were

informed about incident. On arrival of police, godown lock was

opened and panchanama was carried. The hand written chits

found in back pocket of Yogesh were seized. The dead bodies were

shifted to Hospital. The suicide note stipulates that accused Moin

Shaikh had filed false report against Yogesh and Dnyanesh, as

they had witnessed him taking a prostitute in field. They had

apprehension that their parents would be insulted. Another chit

stipulates details of incident dated 05.07.2021, which suggests that

accused persons alongwith a lady and unknown person were seen

in field of Datta Pawar and Kashinath Pawar. They offered money
(3) appln-2776-2021.odt

to deceased persons. The deceased persons refused to accept offer.

Thereafter, accused persons alongwith lady escaped on motorcycle.

In that attempt, lady fell from motorcycle. Thereafter, accused

lodged false report against deceased persons. It is further stated

that accused persons are responsible for their suicide.

3. The aforesaid information culminated into lodging of FIR in

Crime No.161/2021 at Sillod (Rural) Police Station, District

Aurangabad for offences punishable under Sections 306, 504, 34 of

Indian Penal Code. During course of investigation, suicide notes

and articles which were seized from spot were sent for expert

opinion. Meanwhile, charge-sheet came to be filed. The hand

written chits are made part of charge-sheet. The opinion received

from Additional Chief State Examiner of Documents Handwriting

and Photography Bureau C.I.D., Maharashtra State, Aurangabad

suggests that sample hand writing and hand writing on seized

suicide notes are from common authorship. The statement of

witnesses recorded during course of trial and CCTV footage shows

that accused persons and deceased persons were seen at Hotel and

thereafter, deceased persons followed accused persons on

motorcycle. Prima facie, there is link between contents of suicide

notes and role of accused persons. The suicide notes declares that

accused persons are responsible for extreme steps taken by

deceased persons to end their life.
(4) appln-2776-2021.odt

4. Although learned Advocate appearing for applicants relying

upon observations of Supreme Court in cases of Praveen

Pradhan Vs. State of Uttaranchal and Anr. 1, Didigam

Bikshapathi and Another Vs. State of Andhra Pradesh 2 and

Nipun Aneja and Others Vs. State of Uttar Pradesh

(Criminal Appeal No.654/2017 decided on 03.10.2024) contends

that evidence on record is bereft to make out ingredient of offence

under Section 306 of Indian Penal Code, this Court finds that in

view of material on record, it would be difficult to form abrupt

opinion negativing case of prosecution. Apparently, two young men

died in incident. Immediately before their death, accused persons

were in their contact. The suicide note states that accused persons

are responsible for extreme decision to commit suicide. The record

indicate that charge is framed in trial on 01.08.2023. The accused

persons are already enlarged on bail. Prima facie, there is triable

material against applicants.

5. In result, Criminal Application stands rejected.

(S. G. CHAPALGAONKAR)
JUDGE
Devendra/April-2026

1 (2012) 9 SCC 734.
2 (2008) 2 SCC 403.

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