VENKAT MAROTI AMRUTWADversusTHE STATE OF MAHARASHTRA AND ANOTHER

2026:BHC-AUG:30992-DB


                                                                  CR APPLN 3479 OF 2025
                                                    -1-

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD
                            968 CRIMINAL APPLICATION NO. 3479 OF 2025
                .       Venkat s/o Maroti Amrutwar
                        Age: 31 years, Occu.: Business,
                        R/o.Bhokaskheda, Tq.Degloor,
                        District Nanded.                            ….Applicant
                                                                    (Orig. Accused)
                              Versus
                1)      The State of Maharashtra
                        Through Police Station,
                        Degloor, District Nanded.
                2)      Balaji s/o Chandrakant Honalwad
                        Age: 29 years, Occu.: Fishery,
                        Bhoigalli, Bhavani Chowk, Degloor,
                        Nanded, District Nanded.                   …..Respondents
                                                              (R.No.2/o-complainant)
                                               …..
                Mrs. Surekha G. Chincholkar, Advocate for Applicant.
                Mrs.Ashlesha S.Deshmukh APP for Respondent No.1.
                Mr.Tahiwarkhan Wajeedkhan Pathan
                                               …..
                                          CORAM :         ABHAY S. WAGHWASE, J.
                                          Reserved on         : 24-07-2026
                                          Pronounced on       : 27-07-2026
                ORDER :

                1.      In present application, prayers are raised for quashing of Crime

                No.198 of 2025 registered at Degloor Police Station, Taluka Degloor,

                District Nanded, for offence punishable under Section 108 of the

                Bharatiya Nyaya Sanhita, subsequent chargesheet and order of

                issuance of process dated 17-10-2025 passed by learned Judicial

                Magistrate First Class, Degloor.
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2.    Learned counsel for the applicant pointed out that, there is false

implication.   That, in the entire chargesheet, there is nothing to

indicate abetment, inducement, to commit suicide.       That, FIR was

lodged by brother of deceased Sunita, who allegedly hanged herself

on 11-03-2025. Learned counsel for the applicant pointed out that,

immediately thereafter, father of deceased has filed A.D. and as such,

there is no allegation of any sort against any one including present

applicant. However, brother of deceased, after almost one month of

suicide, filed complaint alleging that, marriage of applicant and

deceased was fixed, but applicant subsequently refused to marry and

rather fixed marriage with another girl.


3.    Learned counsel pointed out that, there was no promise of

marriage and there was no assurance to marry.          That, there are

allegations that, applicant, prior to marriage, maintained physical

relations with deceased, but subsequently backed off and thereby it is

submitted that, applicant is held responsible for the suicide

committed by sister of informant.


4.    Learned counsel pointed out that, suicide was committed while

she was residing with informant and her family members. That,

applicant has no concern. That, there is nothing incriminating against
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applicant in proximity to suicide and as such present FIR being sheer

abuse of process of law, learned counsel prays for quashment of

crime, chargesheet as well as issue process order.


5.     Learned APP as well as learned counsel for informant resisted

above application on the ground that, applicant had agreed to

perform marriage with deceased Sunita and had also become intimate

with deceased, but subsequently he refused to marry her and rather

decided to marry another girl. That, only because of such conduct

and behaviour of applicant towards her, deceased was under mental

tension and she committed suicide by hanging. That, applicant is

solely responsible for the said suicide. They both pointed out that,

there are text messages exchanged between deceased and applicant

and as such, there is sufficient evidence to frame charge and proceed

with trial.


6.     Heard. Perused the FIR dated 16-04-2025 at the instance of one

Balaji Chandrakant Honalwad, who happens to be brother of

deceased Sunita, aged 25 years. He reported that, his sister hanged

herself on 11-03-2025. However, as pointed out FIR is after almost a

month or so as it is of 16-04-2025. There is no reason supplied for

delayed FIR.    On further reading of informant’s statement, it is
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emerging that, two years back, there were just talks of performing

marriage of deceased Sunita with applicant as he was in the relation.

Therefore, such material in the FIR shows that there was mere

discussion and no formal engagement or marriage was fixed.           He

further reported that, since discussion of marriage of his sister with

applicant, applicant was visiting their house to come to meet his sister

and he stated that during his such visits, there were physical relations

of both of them. Realizing their intimacy, understanding was given to

applicant not to come when she was alone. He further stated that, his

sister and applicant were exchanging love messages to each other.


7.    It is seen from FIR that, informant brother reported that, one

year back, applicant had refused to perform marriage with his sister

on the ground of her looks and he did not like her and as such, his

sister was under mental pressure. He reported that, instead of

marrying his sister, applicant fixed marriage with another girl from

his relation and date of marriage was fixed as 20-05-2025 and since

then, his sister was under mental tension and was continuously

weeping. He claims that on 10-03-2025 his sister went for purchasing

clothes in the afternoon and on 11-03-2025 at around 07:00 a.m. she

hanged herself to a tree in the field of one Raju Patil. Thus, he holds

applicant responsible.
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8.    From above discussed FIR, it is clear that suicide is of

11-03-2025, but report is lodged on 16-04-2025 i.e. after a month or

so. Secondly, there were mere discussions of marriage of applicant

and deceased since two years prior to suicide.    Though informant

claims that applicant was visiting their house and whenever she was

alone, he used to maintain physical relations, exactly when it

happened has not been stated even by approximation. Indeed, there

are chats sent from mobile of deceased and copies of the which are

part of chargesheet atleast do not demonstrate that deceased blamed

applicant for having physical relations with her and subsequently

refusing to marry her. Admittedly, marriage was called off since one

year prior to the suicide.   There is nothing to show that in the

interregnum period, applicant was in contact with deceased i.e. prior

to her alleged suicide dated 11-03-2025. Moreover, deceased was

residing with her family members. There is no reference about

accused in A.D. There are allegations that, after learning about

marriage of applicant fixed with another girl and it was to be

performed on 20-05-2025, since then, deceased was said to be

weeping and under mental tension. However, mere refusal to marry

or calling off the decision to perform marriage would not amount to

abetment to commit suicide. There is nothing to show that applicant

induced, instigated or abetted the suicide as he was residing at
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Bhokaskheda, Tq.Degllor, whereas deceased resided at Bhoigalli,

Bhawani Chowk, Degloor and both places are distinct.              There is

nothing        incriminating   regarding   involvement      of   applicant

immediately prior to or in proximity to suicide dated 11-03-2025.

Even if accused expressed his disapproval towards marriage, it does

not rise to a level of direct/indirect instigation of abetting suicide.


9.     Consequently, in the light of above discussion, apparently FIR

does amount to a abuse of process of law and therefore, further

proceedings in consequence to it cannot be allowed to be sustained.

Accordingly, following order is passed :

                                  ORDER

I.    The application is allowed.

II.   FIR No. 0198 of 2025 dated 16-04-2025 registered at Degloor
      Police Station, Taluka Degloor, District Nanded, for offence
      punishable under Section 108 of the Bharatiya Nyaya Sanhita,
      the chargesheet No.192 of 2025 dated 16-10-2025 and order of
      issuance of process dated 17-10-2025 passed by the Judicial
      Magistrate First Class, Degloor, are hereby quashed and set
      aside.

III. The application is accordingly disposed off.



                                             [ABHAY S. WAGHWASE, J.]
SPT