News Updates

Offence Of Abetment To Suicide (306IPC) Can't Be Quashed On Settlement Between Parties: Bombay HC [Read Order]

Nitish Kashyap
14 March 2017 2:01 PM GMT
Offence Of Abetment To Suicide (306IPC) Cant Be Quashed On Settlement Between Parties: Bombay HC [Read Order]
Your free access to Live Law has expired
To read the article, get a premium account.
    Your Subscription Supports Independent Journalism
Subscription starts from
(For 6 Months)
Premium account gives you:
  • Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.
  • Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.
Already a subscriber?

The Bombay High Court has refused to quash an FIR against a person who had filed a writ petition seeking the same on grounds of settlement with the first informant.

The FIR was registered under Sections 498 A (cruelty), 406 (punishment for criminal breach of trust) and 306 (abetment to suicide) of the Indian Penal Code against the petitioner, Mohd Asgar Chaudhari, who was in a relationship with the first informant’s daughter.

However, according to the order in an affidavit dated January 2, 2017, the first informant had stated that he was “in a shocked state of mind due to the sudden demise of his daughter” and also that his daughter was under severe depression when she committed suicide.

A bench of Justice AS Oka and Justice Anuja Prabhudessai observed that this stand of the first informant is completely contrary to the statement given to the police on the basis of which the FIR was registered.

It was recorded in the order that accused Asgar’s cousin had written a letter to the Sub-Inspector at Deonar Police Station stating that a monetary settlement of Rs. 8 lakh was reached between the first informant and the accused.

The court observed: “The offence alleged is under Section 306 of the IPC. There is no question of entertaining the petition on the ground of settlement as the victim of the alleged offence is no more. Thus, the prayer for quashing the FIR on the ground of settlement cannot be entertained.

Even if we ignore the aforesaid letter, for the reasons recorded earlier, the prayer for quashing cannot be entertained as the victim of the offence is no more.”

The bench then rejected the writ petition and noted that the same should not preclude the petitioner (accused) from applying for discharge.

Read the order here.

Next Story
Share it