Tunisha Sharma Death: Bombay HC Refuses To Quash Abetment FIR Against Actor Sheezan Khan, Says Altercation Before Suicide Prima Facie Incitement

Bombay High Court on Friday refused to quash an FIR against actor Sheezan Khan for allegedly abetting suicide of co-star Tunisha Sharma in December last year.

A division bench of Justice AS Gadkari and Justice Sharmila U Deshmukh observed that an altercation between the Khan and Sharma in his make-up room just before her suicide is prima facie a direct act of incitement to commit suicide as he quarrelled with her knowing about her mental trauma.

“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 court held.

Twenty-one-year-old Sharma, who acted in the TV show ‘Ali Baba: Dastaan-E-Kabul’ along with Khan, was found hanging in the washroom on the set of a Hindi serial near Vasai, on December 24, 2022.

Khan was booked for alleged abetment of suicide under Section 306 of the IPC. He filed the present application seeking quashing the FIR and chargesheet against him pending before the Judicial Magistrate First Class in Vasai, Palghar District.

Prosecution’s Case

Sharma allegedly confided in her mother about her emotional and romantic involvement with the applicant Sheezan Khan. Her mother alleged that Sharma faced distress after Khan ended the relationship and disclosed involvement with another person. Subsequently, she experienced a panic attack, sought medical attention, and repeatedly expressed distress to her mother.

Arguments

Advocate Dhiraj U. Mirajkar for Khan submitted that their relationship lasted two months, after which they ended it by mutual consent. He said that Khan and Sharma remained friends post-breakup, with Sharma confiding in Khan that she was dating someone. She had a medical history of psychiatric disorders, he argued. He submitted that Sharma was a hyper sensitive individual and Khan cannot be prosecuted for the extreme step taken by her. He argued that relationships and breakups happen which are a normal facet of life, and a breakup cannot be viewed as a direct and proximate cause leaving the victim with no other option but to commit suicide. He further submitted that there was no mens rea to cause her suicide.

Court’s ruling

The court emphasized that at the stage of quashing proceedings, a mini trial should not be conducted. The court noted that under Sections 306 and 107 of the IPC, there have to be direct or indirect acts of incitement to suicide and continuous conduct of accused creating circumstances that left the victim with no option but to take the extreme step.

The court noted that Khan terminated the romantic relationship with Sharma in December 2022, according to the prosecution. Sharma had visited his residence and subsequently suffered a panic attack on December 10, 2022. On December 23, 2022, on the set, Khan allegedly humiliated her expressing that he no longer loved her, the court noted.

Further, on December 24, 2022, from 3:15 pm to 3:26 pm Khan and Sharma were allegedly together in his makeup room and had an altercation after which Khan left for his shoot, and Sharma committed suicide. Khan allegedly caused mental trauma and humiliated Sharma by frequently quarrelling her.

The court said that prima facie, the breakup, Khan having relationship with another person, and their frequent quarrels deeply affected Sharma, significantly impacting her self-esteem. The court opined that, as co-workers in the same television serial, Khan must have been aware of Sharma’s mental state, making his conduct potentially more culpable. “To submit that the breakup of a relationship cannot be viewed seriously and is to be considered a normal facet of life which is best termed as insensitive and adding insult to injury, particularly, when in the instant case, a young girl of 21 years has lost her life”, the court added.

The chargesheet alleges that Khan, aware of Sharma’s sensitive nature, established a romantic relationship with her, emotionally and physically involving her. However, he later ignored her, ended the relationship, and became involved with another girl, as per the chargesheet.

The court opined that the record of investigation prima facie reveals Khan’s complicity, especially considering his altercation with Sharma before her death.

The court reiterated that, at the quashing stage, the veracity of the allegations is not to be tested. The court opined that in the FIR taken as is, there is sufficient material to connect Khan with the alleged offence, and the arguments on Khan’s behalf amounted to conducting a mini trial.

Thus, the court dismissed Khan’s application.

Case no. – Criminal Application No. 86 of 2023

Case Title – Sheezan Mohd. Khan v. State of Maharashtra and Ors.