BOMBAYNAGPUR BENCH AT NAGPURCRIMINAL APPLICATION (ABA) NO. 328 OF 2026 Shamina Parveen & Ors. v. State of Maharashtra and another reported in 2016 ALLMR (Cri) 4858 more & Ors.

with his mother and maternal uncle immediately reachedthe spot and tried to convince the said Sana. Sana told theinformant that it has become very difficult to live with theaccused persons due to harassment. At that time, theapplicant had told the maternal uncle of the informantthat, if she desires to commit the suicide, she can do so. On 07/04/2026, the informant and other returned to theirhouse by convincing the said Sana. Again at 02.00 O’clockin the night, Sana telephoned the informant and disclosedthat, accused no. 1 was saying that, she should die andwas abusing her.3. It is due to this continuous harassment, Sanacommitted suicide by hanging her in the matrimonialhouse. The said incident triggered the registration of theFIR. The learned counsel for the applicant submitted that, the offences registered against the applicant are prima-facie not attracted since the ingredients of making case for‘abetment’ is missing.

He further submitted that, theapplicant is sister-in-law who is working as a Nurse in the Mayo Hospital and has no criminal antecedents. 4. Ms. Shweta Gandhi, the learned counsel for theapplicant in order to buttress her contention has reliedupon the judgment passed by the Hon’ble Division Benchof this court in case of Ratan Pundlik Salunkhe and othersVs State of Maharashtra and another reported in 2016 ALLMR (Cri) 4858 more particularly paragraph No. 40 andhas contended that there must be an intention to aid, byact or illegal omission, the doing of a thing which results 3 20aba328.2026.odtin the commission of suicide. She contended thatconsidering the averments made, prima-facie case is madeout by the applicant. 5. Per contra, the learned APP has opposed theapplication and has argued that a suicide note was foundwhich was seized during the course of investigation. In thesaid note, it was stated that applicant will have to face theconsequences regarding harassment meted out by her.

Thelearned APP has further submitted that investigation is atan initial stage. 6. The learned counsel for the complainant hasappeared and filed written submissions, and hascontended that it was due to harassment at the hands ofapplicant and other accused persons that the victim hascommitted suicide. He has also prayed for rejection of theapplication. 7. With the assistance of the respective counsel, Ihave gone through the record of the case. In short, it isalleged in the FIR that all the applicants used to harass thevictim and pass comments, due to which the victimcommitted suicide. The FIR and the case diary reveal thatit was due to harassment meted out, ultimately the victimtook a decision to commit suicide. 8. At this stage, it is necessary to mention here thatwhether the allegations made in FIR would constituteprima-facie “abetment” as defined under Bharatiya Nyaya 4 20aba328.2026.odtSanhita, 2023 will have to be looked into.