Registrar Has No Power To Cancel Registered Sale Deeds: Madras High Court Reaffirms Civil Court’s Exclusive Jurisdiction MP High Court Refuses to Quash FIR Against Principal of Sacred Heart Convent High School in Forced Conversion Case Employees Of Registered Societies Cannot Claim Article 311 Protection: Delhi High Court Clarifies Limits Of Constitutional Safeguards In Private Employment Maintenance Cannot Be Doubled Without Cogent Reasons, Wife's Education And Earning Capacity Relevant Factors: Gujarat High Court A Foreign Award Must First Be "Recognised" Before It Becomes A Decree: Bombay High Court A Registered Will Does Not Become Genuine Merely Because It Is Registered: Andhra Pradesh High Court Rejects Suspicious Testament Compensation Under Railways Act Requires Proof of Bona Fide Passenger – Mere GRP Entry and Medical Records Cannot Establish ‘Untoward Incident’: Delhi High Court Tenancy Rights Cannot Be Bequeathed By Will: Himachal Pradesh High Court Declares Mutation Based On Tenant’s Will Void Preventive Detention Cannot Be Based On Mere Apprehension of Bail: Delhi High Court Quashes PITNDPS Detention Order Probate Court Alone Has Exclusive Jurisdiction To Decide Validity Of Will – Probate Petition Cannot Be Rejected Merely Because A Civil Suit Is Pending: Allahabad High Court PwD Candidates Cannot Be Denied Appointment After Selection; Authorities Must Accommodate Them In Suitable Posts: Supreme Court Directs SSC And CAG To Appoint Candidates With Disabilities When Registered Partition Deed Exists, Plea Of Prior Oral Partition Cannot Override It:  Madras High Court Dismisses Second Appeal Municipal Bodies Cannot Demand Character Verification Of Residents: Calcutta High Court Strikes Down Surveillance Condition In Building Sanction State Cannot Exploit Contractual Workers For Perennial Work: Punjab & Haryana High Court Grants Pay Parity To PUNBUS Drivers And Conductors Police Inputs Cannot Create New Building Laws: Calcutta High Court Strikes Down Security-Based Conditions Near Nabanna 'Raising A Child As Daughter Does Not Make Her An Adopted Child': Punjab & Haryana High Court Once Leave Under Section 80(2) CPC Is Granted, Prior Notice to Government Is Not Mandatory: Orissa High Court Restores Trial Court Decree State Cannot Use Article 226 To Evade Compliance With Court Orders: Gauhati High Court Dismisses Union’s Petition With Costs ED Officers Accused Of Assault By ₹23-Crore Scam Accused – FIR Survives But Probe Shifted To CBI: Jharkhand High Court High Courts Should Not Interfere In Academic Integrity Proceedings At Preliminary Stage: Kerala High Court Power Of Attorney Holder With Personal Knowledge Can Depose In Cheque Bounce Cases: Kerala High Court Sets Aside Acquittal Agreement Cannot Dissolve Hindu Marriage, But Can Prove Mutual Separation”: J&K & Ladakh High Court Denies Maintenance

"High Court Declares: No Quashing of Abetment of Suicide Cases Based on Settlements Alone"

07 May 2024 8:19 AM

By: Admin


In a significant ruling that sets new legal standards, the High Court, presided over by Justice Shampa Dutt (Paul), clarified that serious offences, including abetment of suicide, should not be quashed simply because a settlement has been reached between the parties involved.

Justice Shampa Dutt (Paul) emphasized, "Offences under Section 305 and 306 IPC are to be treated as crimes against society and not against the individual alone." The court made this observation while ruling that the case in question, involving allegations of abetment of suicide, should proceed to trial, rejecting the plea to quash the proceedings based on a settlement.

The court was unequivocal in stating that the "Criminal Proceeding cannot be nipped in the bud by exercise of jurisdiction under Section 482 of the Cr. P.C. only because there is a settlement." This stands as a landmark decision reinforcing the gravity of offences that have wider social implications.

The court further outlined the essential ingredients required to establish an offence under Section 305 of the IPC, which deals with the abetment of suicide involving minors or insane persons. "For an offence to be made out under Section 305 IPC, it must involve suicide by a person who is a minor, or delirious, or an idiot, or intoxicated, and the accused must have abetted the commission of the suicide," the court noted.

The court has directed the trial court to consider the available materials on record while framing charges or at the relevant stages in accordance with the law. Dismissing the current review request, the High Court stated that quashing a case of such a nature "will cause miscarriage of justice."

Legal experts believe that this ruling will serve as a precedent for future cases involving serious offences, particularly those considered as crimes against society rather than individual disputes.

This ruling reinforces the legal principle that certain crimes have a societal dimension that transcends individual grievances, thereby requiring a thorough judicial review rather than an easy settlement.

Date of Decision:[18.09.2023]

Amit Polley Vs. The State of West Bengal & Anr.

Latest Legal News