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Synopsis

On Friday, the Bombay High Court declined to quash the FIR filed against TV actor Sheezan Khan. He was booked for abetting the suicide of his co-star Tunisha Sharma.

The division bench of the high court, consisting of Justice AS Gadkari and Justice Sharmila Deshmukh, stated that the investigation prima facie indicates the involvement of Sheezan Khan.

“The record of investigation prima facie reveals the complicity of the Applicant. The altercation proximate to the incident in question prima facie constitutes a direct act of incitement leading to the commission of the offence. Knowing fully well about the condition of the victim, whether by the act of quarelling with the victim the requisite intention to aid or instigate or abet the commission of suicide was present will have to be adjudged during trial, however the same can safely prima facie be inferred. The fact that the chargesheet has been filed would indicate that, there is sufficient evidence to connect the Applicant to the offence,” the order states.

Khan approached the high court seeking to quash the FIR filed against him under Section 306 of the Indian Penal Code. Khan was booked after the 21-year-old TV actress Tunisha Sharma was found hanging on the sets of a Hindi serial in Vasai.

According to the prosecution, Tunisha was emotionally and romantically involved with Sheezan. After their breakup, she suffered from panic attacks. When she approached Sheezan again and he refused to continue the relationship, Tunisha hung herself on the set in Vasai.

The counsel representing Sheezan argued that the relationship lasted only for a period of two months, and thereafter, it was terminated by mutual consent. He informed the bench that Tunisha had informed Sheezan that she was involved with someone else.

He added that in today's modern society, youngsters often engage in relationships, and breakups are a normal facet of life. The breakup, according to him, cannot be viewed as a direct and proximate cause that left the victim with no other option but to commit suicide.

However, the bench noted that Sheezan's conduct in ending the relationship with the victim, engaging in a relationship with another female, and constant quarrels had deeply affected the victim.

“The allegations prima facie reveals that, the conduct of the Applicant in ending the relationship with the victim, having relationship with another female and constant quarrel had deeply affected the victim. Prima facie it appears that, the self esteem of the victim was tarnished by the humiliation at the hands of the Applicant. As the Applicant and victim were working together in the serial, it can be inferred that the Applicant was aware of the mental trauma being faced by the victim and the effect his conduct had on the Applicant,” the bench noted.

The division bench expressed that the argument suggesting that the breakup of a relationship should be considered a normal facet of life is insensitive and adds insult to injury, especially when a young girl of 21 years has lost her life in this case. 

The high court emphasized that Sheezan intentionally mentally harassed and humiliated the victim by frequently engaging in fights with Tunisha.

“That, the Applicant intentionally mentally harassed the victim and humiliated her by frequently fighting with her. That on the date of incident the Applicant and victim were together in the room and there was an altercation between them and after the Applicant left for the shoot, the victim committed suicide by hanging herself with the strip of cloth used by the Applicant for tying his hand during the shoot,” the court said.

Case title: Sheezan Mohd. Khan vs State of Maharashtra.