Man's Refusal To Marry Woman After Break-Up Of Relationship Not Grounds To Book Him For Abetting Her Suicide: Bombay High Court

The Bombay High Court bench at Nagpur on Wednesday held that just because a woman committed suicide after her 'long standing relationship' was broken up by the man, he cannot be booked for abetting her suicide. Justice Urmila Joshi-Phalke discharged a man booked for abetting the suicide of a woman, with whom he was in a relationship for 9 years. "It is only a case of broken relationship which by itself would not amount to abetment to commit suicide," Justice Joshi-Phalke observed, while noting that the 'exhaustive suicide note written by the deceased woman and also the WhatsApp Chats between them, revealed that it was a 'love relationship' which was developed between them out of love and thus, the physical relations between them were 'consensual.'"The investigation papers, nowhere reveal that the applicant, at any time, provoked the deceased victim in any manner to kill herself. On the contrary, the evidence shows that after breaking of the relationship, the deceased victim was constantly in contact with the applicant and was communicating with him. Therefore, in such a situation, merely because the applicant refused to marry her, that by itself would not amount to instigate or provoke the deceased victim to commit suicide. At the most, what is attributable to the applicant is that he has broken the relationship," the judge said.The bench further noted that neither the suicide note nor the WhatsApp Chats indicate that the applicant man established physical relations on the promise of marriage and after a long period, their relationship was 'broken.'"Moreover, the suicide by the deceased victim is not immediate result of the said broken relationship. The applicant denied to have love relationship with her in July 2020 itself and, thereafter, the deceased victim committed suicide on December 3, 2020. Thus, there was no proximity or nexus between two acts i.e. breaking of the relationship and the suicide," the judge pointed out. The bench therefore discharged a 26-year-old man, who challenged a Khamgaon Sessions Court (in Buldhana district) order which refused to discharge him from the case. The Sessions Court considered the submissions made on behalf of the father of the deceased woman, that the applicant contributed to the mental distress of their daughter, with whom he kept a long relationship for years and suddenly broke up and in fact dated some other girl. It also took into account the suicide note of the deceased woman, who too detailed her long relationship and how it came to an end, which disturbed her mentally.However, the applicant on the other hand, contended that the relationship was consensual and out of love initially, however. after breaking up in July 2020, the victim continued to be in touch with him. He also contended that he never established the physical relations on any promise to marry. He argued that his refusal to marry the woman, cannot be construed as a ground to slap an abetment to suicide charge on him. The High Court, however, found substance in the arguments of the applicant and quashed the Sessions Court's order.Appearance:Advocate Akshay Sudame appeared for the Applicant.Additional Public Prosecutor MJ Khan represented the State.Case Title: Vaibhav Mawale vs State of Maharashtra (Criminal Revision Application 174 of 2024)Citation: 2025 LiveLaw (Bom) 21Click Here To Read/Download Judgment

Man's Refusal To Marry Woman After Break-Up Of Relationship Not Grounds To Book Him For Abetting Her Suicide: Bombay High Court

Narsi Benwal

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