CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints Minimum Wages Cannot Be Ignored While Determining Just Compensation: Andhra Pradesh High Court Re-Fixes Income of Deceased Mason, Enhances Interest to 7.5% 34 IPC | Common Intention Is Inferred From Manner Of Attack, Weapons Carried And Concerted Conduct: Allahabad High Court Last Date of Section 4 Publication Is Crucial—Error in Date Cannot Depress Market Value: Bombay High Court Enhances Compensation in Beed Land Acquisition Appeals Order 26 Rule 10-A CPC | Rarest of Rare: When a Mother Denies Her Own Child: Rajasthan High Court Orders DNA Test to Decide Maternity Acquittal Is Not a Passport Back to Uniform: Punjab & Haryana High Court Upholds Dismissal of Constable in NDPS Case Despite Trial Court Verdict Limitation Under Section 468 Cr.P.C. Cannot Be Ignored — But Section 473 Keeps the Door Open in the Interest of Justice: P&H HC Non-Stamping Renders A Document Inadmissible, Not Void – Defect Is Curable Once Duty Is Paid: Punjab & Haryana High Court Upholds Specific Performance MP High Court Upholds Ladli Behna Yojana Criteria; Rules Registration Deadlines and Age Limits Fall Under Executive Domain Criminal Courts Are Not Recovery Agents: Orissa High Court Grants Bail in ₹3.5 Crore Land Fraud Cases Citing Article 21 and Terminal Illness Employee Cannot Switch Cadre At His Sweet Will After Accepting Promotion: J&K High Court Rejects Claim For Retrospective Assistant Registrar Appointment Anticipatory Bail Cannot Expire With Charge-Sheet: Supreme Court Reiterates Liberty Is Not Bound by Procedural Milestones Order II Rule 2 Cannot Eclipse Amendment Power Under Order VI Rule 17: MP High Court Refuses to Stall Will-Based Title Suit Grounds of Arrest Must Be Personal, Not Formal – But Detailed Allegations Suffice: Kerala High Court Upholds Arrest in Sabarimala Gold Misappropriation Case Grounds of Arrest Are Not a Ritual – They Are a Constitutional Mandate Under Article 22(1): Allahabad High Court Sets Aside Arrest for Non-Supply of Written Grounds Sect. 25 NDPS | Mere Ownership Cannot Fasten NDPS Liability – ‘Knowingly Permits’ Must Be Proved Beyond Reasonable Doubt: MP High Court Section 308 CrPC | Revocation of Pardon Is Not Automatic on Prosecutor’s Certificate: Karnataka High Court Joint Family and Ancestral Property Are Alien to Mohammedan Law: Gujarat High Court Sets Aside Injunction Right to Health Cannot Wait for Endless Consultations: Supreme Court Pulls Up FSSAI Over Delay in Front-of-Pack Warning Labels If A Son Dies Intestate Leaving Wife And Children, The Mother Has No Share: Karnataka High Court

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

Download Order

[gview file="http://lawyer-e-news.com/wp-content/uploads/2022/06/Monika_Jadhav_vs_State_of_Maharashtra2.pdf"]

Latest Legal News