Offence Of Abetment Of Suicide U/S 306 IPC Cannot Be Quashed Merely Because Relatives Reached Settlement: Kerala HC
The Kerala High Court dismissed a petition seeking to quash proceedings in a suicide case stating that an offence under Section 306 of the IPC cannot be quashed merely if the relatives reach a settlement.
The Court explained that quashing of a crime under Section 306 of the IPC was legally permissible if the facts presented did not establish a prima facie case of the offence. However, if the prosecution materials provide sufficient evidence, even family settlements cannot lead to the quashing of such a crime, whether through affidavit or otherwise.
A Single Bench of Justice A. Badharudeen observed, “In this case, prosecution allegation is that the petitioners, who are son and daughter-in-law of the deceased abetted commission of suicide by the deceased, who was aged 78 years. In the suicide note she had elaborately discussed the cruelty, ill-treatment and threat at the instance of the petitioners, as reasons for committing suicide. If so, it appears that there are materials in abundance to hold that this is a case where offence punishable under Section 306 of I.P.C is attracted, prima facie, warrating effective investigation and meaningful prosecution.”
Advocate Celine Joseph represented the petitioners, while Sr. P.P. Renjith George appeared for the respondents.
The son and daughter-in-law of the deceased were accused of abetting the 78-year-old's suicide. In the suicide note, the deceased elaborately discussed the cruelty, ill-treatment, and threats perpetrated by the accused as reasons for committing suicide.
The Court reiterated the Supreme Court's decision in Daxaben v. State of Gujarat & Ors. 2022 SCC OnLine SC 936 where it was established that crimes like abetment of suicide cannot be quashed solely based on settlements between parties, especially when the allegations are grave.
Consequently, the Court directed the investigating officer to continue the investigation holding that “commission of offence punishable under Section 306 of I.P.C by the accused persons, merely because the sister of the 1st accused filed an affidavit regarding settlement, shall not be a ground to quash the crime.”
The Court also noted that the accused had earlier filed for an anticipatory bail which was dismissed by another Bench.
Accordingly, the High Court dismissed the petition.
Cause Title: Nimesh & Anr. v. State Of Kerala & Ors. (Neutral Citation: 2024/KER/28568)
Appearance:
Petitioners: Advocate Celine Joseph
Respondents: Senior Public Prosecutor Renjith George