The Jammu & Kashmir and Ladakh High Court has refused to interfere with criminal proceedings against a man accused of abetting the suicide of a young woman with whom he was allegedly in a long-term relationship. At the same time, the Court quashed the case against the man's maternal grandfather, finding no specific material linking him to the alleged offence.
Background of the Case
The case arose from the death of a young woman who was found dead in March 2023. According to the prosecution, she had been in a relationship with petitioner Khalid Fayaz Ahanger for more than five years. Investigators alleged that shortly before her death, she visited his residence seeking clarity about their relationship after learning that he had become interested in another woman.
The prosecution claimed that she was humiliated, insulted, and turned away from the house. It was further alleged that despite being informed about her deteriorating emotional condition, the petitioner failed to respond compassionately and allegedly remarked that she was free to take her own life if she wished.
A trial court subsequently framed charges under Sections 306 and 107 of the Indian Penal Code, prompting the accused to approach the High Court.
Justice Sanjay Parihar noted that at the stage of framing charges, courts are not expected to conduct a detailed examination of evidence but only determine whether the material raises a strong suspicion requiring a trial.
The Court observed that the prosecution allegations went beyond a failed romantic relationship. The record, according to the Court, described a sequence of events involving alleged rejection, humiliation, derogatory treatment, and indifference towards the woman's emotional condition.
“The prosecution case is not founded merely upon a failed relationship or a refusal to continue a romantic association,” the Court observed while discussing the allegations on record.
The judge further held that questions regarding intention, abetment, and the impact of the accused's conduct on the deceased could only be conclusively determined during trial.
The High Court held that the material collected during investigation disclosed sufficient grounds to proceed against petitioner No. 1 for the offence of abetment of suicide and allowed the trial to continue against him.
However, the Court found no specific allegations or evidence showing that petitioner No. 2 had intentionally provoked, facilitated, or instigated the alleged act. Consequently, the FIR and criminal proceedings against petitioner No. 2 were quashed. Proceedings against petitioner No. 3 stood abated due to his death.
The petition was accordingly partly allowed, with directions to the trial court to proceed against petitioner No. 1 in accordance with law.
Case Details
Case Title: Khalid Fayaz Ahanger and Others v. Union Territory of Jammu & Kashmir
Case Number: CRM(M) No. 340/2023
Judge: Justice Sanjay Parihar
Decision Date: 29 May 2026
