HC Quashes Abetment FIR Against Cosmetic Surgeon, Cites Lack of Evidence

MUMBAI: The Bombay High Court has quashed the abetment to suicide FIR against Dr. Vijay Sharma, a cosmetic surgeon, citing a lack of substantial evidence. The division bench of Justices Bharati Dangre and Shyam Chandak, in their February 25 order, emphasized that suicide is a complex issue with multiple factors at play.

The case involved a model-actor who had undergone a procedure with Dr. Sharma and later died by suicide in May 2015 while in Mumbai for legal proceedings. The FIR, lodged by her brother, claimed the doctor’s actions contributed to her distress. However, the HC noted there was no contact between the two from February 2015 until her death.

Dr. Sharma’s counsel, Aniket Nikam, pointed out an unexplained delay of over a year in filing the FIR and argued that no case was made out. The prosecution contended that the doctor’s actions created a stressful situation for the deceased, but the court found no direct evidence of ‘instigation,’ a crucial factor in abetment cases.

Citing Supreme Court rulings, the bench reiterated that abetment under Section 306 of the IPC requires direct involvement and a clear act of instigation. "A word uttered in anger or emotion, without intent, cannot be termed as instigation," the order stated.

The court concluded that the woman’s financial and legal troubles contributed to her mental distress and that the doctor could not be held responsible.