Bombay High Court
AKASH @ KUMAR VAIBHAV NARAYAN SHETTYEversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- APPLICATION ALLOWED
Holding
The court held that the allegations do not meet the legal requirements of Section 306 IPC and quashed the FIR and related proceedings.
Summary
The applicant, Akash @ Kumar Vaibhav Narayan Shettye, filed a criminal application seeking the quashment of an FIR and related proceedings under Section 306 of the Indian Penal Code, which alleged his involvement in the suicide of his deceased wife’s husband. The FIR was based on a chit allegedly written by the deceased, claiming the applicant had cheated him of Rs 11‑12 lakhs, leading to his suicide. The applicant argued there was no evidence he received any money, the alleged incidents occurred six months before the suicide, and there was no proximate link or intention to aid the suicide. The State contended that the cheating allegation was sufficient to constitute abetment of suicide. The court noted the handwriting expert report was pending, found no proximity in time, no supporting evidence in the charge sheet, and relied on Supreme Court guidelines in State of Haryana v. Bhajan Lal, concluding the allegations did not satisfy the requirements of Section 306. Consequently, the application for quashment was allowed, setting aside the FIR and related proceedings.
Issues considered
- Whether the allegations in the deceased's chit constitute sufficient grounds to sustain an offence under Section 306 IPC (abetment of suicide).
- Whether the FIR and subsequent criminal proceedings should be quashed on the basis of lack of proximate cause and intent.
Legislation cited
- Indian Penal Code, 1860 — s. 306
Subjects
- Section 306 IPC
- abetment of suicide
- quashment of FIR
- proximity of cause
- intent
- cheating
- handwriting expert
- charge sheet
Judgment
2026:BHC-AUG:38733-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 418 OF 2024
Akash @ Kumar Vaibhav Narayan Shettye
VERSUS
The State Of Maharashtra And Another
Mr. S. S. Gangakhedkar, Advocate for applicant
Ms. R. P. Gour, APP for respondent-State
CORAM : R. M. JOSHI, J.
DATE : 27th AUGUST, 2026
PER COURT :-
1. None appears for respondent No. 2. Hence, proceeded in
absence of respondent No. 2.
2. Applicant seeks quashment of First Information Report in
connection with Crime No. 0121 of 2023 registered with Tamsa Police
Station, Dist. Nanded, for the offences punishable under Section 306 of
the Indian Penal Code so also quash and set aside proceeding of Session
Case No. 176 of 2025 pending before Additional Sessions Judge, Nanded
as well as order of issue process dated 19.08.2025 and committal order
dated 09.09.2025 in R.C.C. No. 185 of 2025 passed by learned JMFC,
Hadgaon, Dist. Nanded.
3. First informant is wife of the deceased committed suicide on
15.11.2023. Information depicts that the deceased left behind him a chit
indicating reason for which he has committed suicide. The said writing of
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the deceased shows that present applicant cheated him for Rs. 11 to 12
Lakhs and when he demanded the said money applicant refused to pay
the same. It is further stated that six months prior to commission of
suicide he started smoking as well as drinking excessively and as a result
he lost respect of people/acquaintances. He attempted to commit suicide
on previous two to three occasions however did not commit suicide
considering the interest of his children and wife. He specifically states
that since he had no money to pay rent as well as installment of Bhishi
he has no option but to commit suicide.
4. Learned Counsel for the applicant submits that even
accepting the fact that the left behind him chit as recorded/mentioned in
the First Information Report, offence punishable under Section 306 does
not get attracted against the applicant. It is his submission that there is
no evidence in order to show that any money was received by the
applicant from the deceased. It is also his submission that since the
entire incidences have occurred are atleast six months prior to
commission of suicide, there is no proximity between the said incidences
and the act of suicide by him.
5. Learned APP opposed application by referring to the First
Information Report and more particularly the statements made by the
deceased in the chit left behind. It is her submission that the act of
cheating by the applicant to the extent of Rs. 12 Lakhs to the informant
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itself is sufficient to drive him to commit suicide.
6. This court is informed that the chit has been sent to the
handwriting expert and the said report is yet to be received. Accepting
the said writing to be of deceased, for the sake of argument, it only
indicates that he referred to certain incidences which occurred prior to
six months of commission of suicide. Thus, there is no proximity in time
in the said incidents and action of suicide. Though there is allegation in
the chit with regard to Rs. 11 to 12 Lakhs being taken by the applicant
and he having cheated the deceased, charge sheet does not indicate any
such evidence collected during investigation. Apart from the fact that
there is no proximity in time in respect of those incidents and the act of
commission of suicide even otherwise it is difficult to accept that there
was intention on the part of the applicant to aid and abet commission of
suicide. The aforesaid accusations, even if taken at face value and
accepted in their entirety, do not constitute any offence in view of
guidelines enumerated in the judgment of Hon’ble Supreme Court in case
of State of Haryana and others Vs. Ch. Bhajan Lal and ors 1992
SCC (Cri) 426.
7. In view of above discussion, application Stands allowed in
terms of Prayer Clauses “B and B-1”
(R. M. JOSHI, J.)
B. S. Joshi
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