NANA @ NANASAHEB BHIMAJI KOLPEversusTHE STATE OF MAHARASHTRA AND ANOTHER

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       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

           923 CRIMINAL APPLICATION NO. 511 OF 2024

NANA @ NANASAHEB BHIMAJI KOLPE                        ..Applicant


VERSUS

THE STATE OF MAHARASHTRA
AND ANOTHER                                           .. Respondents


Mr. Prashant Prabhakar Giri, Advocate for Applicant
Mr. A. V. Lawate, APP for the Respondent/State
Ms. C. P. Raktate, Advocate for the informant.

                                          CORAM: R. M. JOSHI, J.
                                          DATED: 10th JULY, 2026

PER COURT :-

1.    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 with Crime No. 0204 of 2023

registered with Belwandi Police Station, Tal. Shirgonda, Dist.

Ahmednagar for the offence punishable under section 306 read with

Section 34 of Indian penal code.



2.    It is the case of the Informant Laxman i.e. father of Deceased-

Anand that Anand had a love relationship with Manisha Gore-niece

of the Present Applicant for 2 and ½ years. This relation being not
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approved by the present applicant and the co-accused, they

assaulted and harassed Anand and lodged a case in Shirpur Police

Station against him.



3.    On 29/05/2023, in morning 08:15 am the informant went to

his field for the purpose of repairing a broken pipeline and discovered

his son-Anand had committed suicide by hanging on a tree branch

using a nylon rope. Shortly, police arrived and took Deceased-Anand

to a rural hospital where the doctors declared him dead prior to

12:30 pm. Upon completion of investigation FIR was registered and a

suicide note was discovered which disclosed that the present

applicant along with other co-accused have repeatedly threatened

him and attempted to kill him. Exasperated and distressed by their

repeated harassment, he committed suicide.



4.    The learned counsel for the Applicant submits that by no

stretch of imagination it can be said that Applicant has abetted

deceased to commit suicide. According to him, apart from the chit

written by the deceased, there is no evidence in order to show

involvement of the applicant in present crime. It is submitted that the

deceased was stalking and threatening the niece of Applicant to
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commit suicide if she refuses to marry him. In order to substantiate

the same he drew attention of the court to the NC No. 69/2023

registered by the niece of the Applicant against the deceased. So also

an FIR No. 214/2023 was lodged against the deceased for molesting

her and for virally circulating her photographs on social platforms.

He further submits that referring to the contents of the chit left by

the deceased it cannot be assumed that there is proximity between

the alleged threats and act of suicide is concerned. In order to

substantiate the above arguments he places reliance on judgment of

the Division Bench of this Court in case of Swarangi Meena Vishnu

Vagadkar and others vs. The State of Maharashtra and another

reported in Criminal Application No. 4189/2023, Sanju @ Sanjay

Singh Sengar vs State of Madhya Pradesh reported in 2002 (5) SSC

371, Prakash vs State of Maharashtra reported in 2024 SSC Online

SC 3835, Nishit Patel vs State of Maharashtra reported in 2025 SCC

Online Bom 2397.



5.    The learned APP and learned appointed Counsel empathetically

opposed the above contentions. It is canvassed that the applicant is

named in the suicide note to have caused assault upon the deceased

and repeatedly harassed him thereby instigating him to commit
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suicide. It's further submitted that at this stage it cannot be said that

there is no proximity between the alleged threats and act of

commission of suicide by deceased. According to them, it is matter of

evidence to be recorded and appreciated during trial. It is further

argued that prima facie evidence on record fulfills the requirements

of constitution of offence punishable under Section 306 of Indian

Penal Code. In order to substantiate the above arguments reliance is

placed on para 16 of judgment of Hon’ble Apex Court in case of

Mahendra KC vs The State of Karnataka in Criminal Appeal No.

1238/2021.



6.    Prima facie perusal of the record though indicates that there

was suicide note left behind by the deceased naming the present

applicant and other co-accused persons to be responsible for his

death. There are documents placed on record indicating that there

was a complaint filed against the deceased by the niece of Applicant

for forcing her to marry him, for using her photographs in order to

defame her and to cause obstruction for her marriage.



7.    No doubt to establish abetment to commit suicide, the

prosecution has to show that there was proximity between the alleged
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threats and suicide being committed by the deceased. In the case of

Mahendra KC (Supra) cited by prosecution, it's clear that this court,

without having the benefit of evidentiary record collected during trial,

cannot delve into the role of trial court and examine the veracity of

allegations. At this stage, the court can only see as to whether the

allegations in the FIR prima facie establishes the elements of the

offence alleged against Applicant.



8.    In case of Swarangi (supra) the Hon’ble Supreme Court was

dealing with the issue wherein there was positive evidence to indicate

no proximity between quarrels and act of commission of suicide. As

far as judgment in case of Nishit Patel (supra) is concerned, perusal

of the same shows that the suicide note was not found therein for a

period of 5 months from date of commission of suicide by the

deceased and contents of the suicide note were not indicating

instigation of petitioner therein to commit suicide by demanding

payment of money borrowed by him. In this backdrop, in paragraph

no. 23, it is held that suicide note does not reveal any proximity

between act of accused and death.         Now, this Court would be

required to see whether the fac
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ts of those cases in which these judgment are passed are similar in

nature to apply them to the instant case.



9.    In the case in hand, suicide note is left by the deceased

indicating threat being given to the deceased which lead him to

commit suicide.    However, for want of any specific date mentioned

therein, it is not open for this Court to hold so. Needless to say that

it is open for the prosecution to prove the date of writing of note with

other material on record and then findings could be recorded about

proximity. Suffice it to say that there is evidence to show threats of

serious nature being issued by accused persons to drive the deceased

to end his life.



10.   In so far as contention of applicant about the possibility of

deceased committing suicide due to applicant’s niece refusing to

marry him is concerned, this becomes defence of accused and the

same would be substantiated during trial and it does not become a

reason for quashment of proceedings. It would be relevant to take

note of judgment of Hon’ble Supreme Court in case of State of

Haryana and others vs. Bhajan Lal and others, 1992 Supp (1) SCC

335, wherein it is held thus :-
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“102. In the backdrop of the interpretation of the various
relevant provisions of the Code under Chapter XIV and
of the principles of law enunciated by this Court in a
series of decisions relating to the exercise of the
extraordinary power under Article 226 of the inherent
powers under Section 482 of the Code which we have
extracted and reproduced above, we give the following
categories of cases by way of illustration wherein such
power could be exercised either to prevent abuse of the
process of any court or otherwise to secure the ends of
justice, though it may not be possible to lay down any
precise, clearly defined and sufficiently channelised and
inflexible guidelines or rigid formulae and to give an
exhaustive list of myriad kinds of cases wherein such
power should be exercised.

(1)    Where the allegations made in the first information
report of the complaint, even if they are taken at their
face value and accepted in their entirety do not prima
facie constitute any offence or make out a case against
the accused.

(2)   Where the allegations in the first information
report and other material, if any, accompanying the FIR
do not disclose a cognizable offence, justifying an
investigation by police officers under Section 156(1) of
the Code except under an order of a Magistrate within
the purview of Section 155(2) of the Code.

(3)   Where the un-controverted allegations made in the
FIR or complaint and the evidence collected in support of
the same do not disclose the commission of any offence
and make out a case against the accused.

(4)   Where the allegations in the FIR do not constitute
a cognizable offence but constitute only a non-cognizable
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     offence, no investigation is permitted by a police officer
     without an order of a Magistrate as contemplated under
     Section 155(2) of the Code.

     (5)   Where the allegations made in the FIR or
     complaint are so absurd and inherently improbable on
     the basis of which no prudent person can ever reach a
     just conclusion that there is sufficient ground for
     proceeding against the accused.

     (6)    Where there is an express legal bar engrafted in
     any of the provisions of the Code or the concerned Act
     (under which a criminal proceeding is instituted) to the
     institution and continuance of the proceedings and/or
     where there is a specific provision in the Code or the
     concerned Act, providing efficacious redress for the
     grievance of the aggrieved party.

     (7)    Where a criminal proceeding is manifestly
     attended with malafide and/or where the proceeding is
     maliciously instituted with an ulterior motive for
     wreaking vengeance on the accused and with a view to
     spite him due to private and personal grudge.”


      These observations indicate that unless above parameters are

satisfied, question of quashment of proceeding does not arise. Here

in this case, the test laid down therein is not satisfied. Hence, this

Court finds no reason to quash First Information Report and charge-

sheet against applicant.
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11.   Hence, in the view of the above discussion, application stands

dismissed.



12.   Fees of the appointed learned council is quantified to Rs.

10,000/- and it is to be paid by high court legal service authority,

sub committee, Aurangabad.



                                               (R. M. JOSHI, J.)

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