Boyfriend Committed Suicide After Girlfriend Marries Another Person -Court Quashes of Suicide FIR: BOMBAY HC

07 May 2024 8:19 AM

By: Admin

D.D:-06.06.2022

The Bombay High Court recently quashed a first information report (FIR) filed against a woman charged with aiding the suicide of her lover, who took the extreme step, after the accused woman married another individual [Monika Jadhav vs. State of Maharashtra].

Justices Sunil Shukre and Govind Sanap determined from the first information report (FIR) that the deceased boyfriend, who was already married to another woman, was having an extramarital affair with the applicant-woman.

She insisted he marry her, but he refused, forcing her to marry someone else.

The boyfriend committed suicide thereafter.

In an order issued on June 6, Justice Shukre stated, "We find this to be a case in which the decedent chose to end his life as a result of the error he committed in his life."

The court noted that the applicant had decided to end the extramarital relationship after the deceased refused to marry her.

"This act by the applicant dealt the decedent a severe blow, and it is evident that he lost his mental equilibrium. It is also evident that he was already experiencing a great deal of mental stress due to his marital dispute with his wife, the third defendant in the case "Judges observed.

The bench determined, based on the FIR, that the act of the applicant performing marriage with another man was intolerable to the deceased and served as the final nail in his psychological coffin.

The Court made it clear, however, that the woman's actions will not constitute aiding her suicide.

"Considering these facts, we conclude that this applicant bears no responsibility for the decedent's suicide, and that her marriage to another man during the time she was having an extramarital affair with the decedent cannot in any way be construed as aiding or abetting his suicide," the court ruled.

Referring to the definition of "abetment" in Section 107 of the Indian Penal Code (IPC), the bench concluded that in the instant case there was neither a conspiracy nor any active or intentional aiding that led to the man's suicide.

"In this case, even if all of the allegations made against the applicant are accepted as true, we do not find any evidence of the crime of assisting a suicide against this applicant. In the end, this applicant's only fault was engaging in an affair with a married person like deceased, and her second fault was marrying another man while her affair with deceased, a married man, was ongoing, and that too when he refused her proposal to perform marriage with him. Otherwise, there would be a miscarriage of justice, and we conclude that this is a case that warrants interference with the investigation "The judges reached a conclusion.

In light of this conclusion, the bench dismissed the FIR filed by the Buldhana District City Police against the applicant.

SS Doiphode, an assistant public prosecutor, appeared on behalf of the state.

Monika Jadhav

vs.

State of Maharashtra