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2022 Supreme(SC) 633

INDIRA BANERJEE, V. RAMASUBRAMANIAN
Daxaben – Appellant
Versus
State of Gujarat – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Rameshwar Prasad Goyal, AOR
For the Respondent(s): Ms. Deepanwita Priyanka, AOR Ms. Archana Pathak Dave, AOR Mr. Vaibhav Joshi, AOR Mr. Ivan, Adv. Mr. Ankur Mathur, Adv. Ms. Mohini Priya, AOR Mr. Maninder Singh, Sr. Adv. Ms. Chitrangda Rastravara, Adv. Ms. Archana Pathak Dave, Adv. Mr. Manvendra Singh, Adv. Mr. Dashrath Singh, Adv. Mr. Abhijeet Singh, Adv. Mr. Gp. Capt. Karan Singh Bhati, AOR

Judgement Key Points

Key Points: - Offence under Section 306 IPC is grave and non-compoundable; settlement does not automatically permit quashing of FIR/proceedings (!) (!) (!) (!) - Indirect or direct incitement to suicide qualifies as abetment under Section 306; absence of such evidence does not preclude consideration but must be evaluated on facts (!) (!) (!) - Inherent powers under Section 482 Cr.P.C. may be used to quash in exceptional cases to prevent abuse of process or secure ends of justice, but generally not for grave offences impacting society; settlement alone is not a sufficient ground (!) (!) (!) (!) (!) - Prosecution should not be nipped in the bud by monetary settlements when offences are against society; informant/victim’s role is limited and state prosecutes (!) (!) - Courts must assess nature and gravity of the offence and the likelihood of conviction; quashing based solely on settlement is disfavored for serious crimes (!) (!) (!)

How to determine when abetment of suicide under Section 306 IPC can be quashed under Section 482 Cr.P.C. based on a settlement between parties?

What is the role of settlement in quashing a criminal proceeding involving a grave and serious non-compoundable offence (like Section 306 IPC) under Section 482 Cr.P.C.?

What standards govern the High Court's exercise of inherent powers under Section 482 Cr.P.C. to quash non-compoundable offences, and when should such power be refused even in the presence of a settlement?


JUDGMENT :

Indira Banerjee,J.

Leave granted.

2. These Appeals are against the impugned final judgment and order dated 20th October 2020 passed by the High Court of Gujarat at Ahmedabad allowing the Criminal Revisional Applications under Section 482 of the Code of Criminal Procedure 1973 (Cr.P.C), being R/Criminal Misc. Application Nos. 5026 of 2020, 5600 of 2020, 5107 of 2020, 5004 of 2020, 5108 of 2020, 5165 of 2020, 5159 of 2020, 5161 of 2020, 5524 of 2020, 5166 of 2020, 5162 of 2020, 5739 of 2020 and quashing the FIR being C.R. No. I-11209016200112 dated 1st March 2020 registered with Himmatnagar ‘A’ Division Police Station, District Sabarkantha, and also the order dated 29th July 2021 passed by the High Court dismissing the Criminal Miscellaneous Applications filed by the Appellant, registered as R/Criminal Misc. Application Nos. 10845 of 2021, 10846 of 2021, 10847 of 2021, 10848 of 2021, 10849 of 2021, 10850 of 2021, 10851 of 2021, 10852 of 2021, 10853 of 2021, 10855 of 2021, 10856 of 2021, 10858 of 2021 for recalling the said common final order dated 20th October 2020.

3. The Appellant is the wife of late Shaileshkumar Chimanbhai Patel, hereinafter referred to as the “deceased”,


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