The Bombay high court on November 10 dismissed television actor Sheezan Khan’s plea to quash an FIR and chargesheet against him for abetment to suicide of his co-star, Tunisha Sharma, on a film set last December. “The record of the investigation prima facie reveals the complicity of the applicant. The altercation proximate to the incident, prima facie, constitutes a direct act of incitement leading to commission of the offence,” Justices Ajay Gadkari and Sharmila Deshmukh said, adding, “Whether there was intention to aid or instigate or abet the commission of suicide” will have to be adjudged at trial. However, with sufficient evidence against Sheezan “at this stage, the proceedings are not at all required to be scuttled”.
Sheezan was booked under IPC section 306 (abetment to suicide). The judges noted that on December 23, 2022, Tunisha visited the set where Sheezan humiliated her and told her that he did not love her and that their relationship could not continue. On December 24, they were together in his make-up room where they had an altercation. After that, Sheezan left the room and Tunisha hanged herself.
The judges said that allegations of Sheezan’s conduct “in ending their relationship, having a relationship with another female and constant quarrel had deeply affected the victim”. “…it appears that the self-esteem of the victim was tarnished by the humiliation at the hands of the applicant,” they said, adding that Sheezan was aware of the effect of his conduct on Tunisha. Sheezan’s lawyer argued that break-ups happened among youngsters and could not be viewed as a direct and proximate cause to commit suicide.
Justice Sharmila Deshmukh wrote on behalf of the bench, “…it 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.”
