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SHAMPA DUTT (PAUL)
Ratan Majumder – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The present revision has been preferred praying for quashing and/or setting aside of proceedings in connection with G.R. Case No. 466 (1) 18, corresponding to Charge Sheet No. 09/19, dated 30/03/2019 arising out of Dum Dum GRPS. Case No. 89 of 2018 dated 18/11/18 under Sections 306/34 of the Indian Penal Code, presently pending 4th before the Learned Additional Chief Judicial Magistrate (Court, Railway) at Sealdah, and all orders passed therein including order dated 22/4/19 whereby the Learned Magistrate was pleased to take cognizance of the purported Charge Sheet submitted by the investigating agency and direct issuance of notice to the petitioners/accused persons.
2. The petitioner’s case is that the petitioners no. 1, 3 and 4 are businessmen and the petitioner No. 2 is the wife of petitioner No. 1. The petitioners have to deal with various people in connection with their business, and in the same manner in the year 2012, the petitioners have come into contact with one Sukamal Bose being resident as well as businessman of the same locality where the petitioners reside.
3. The said Sukamal Bose (deceased husband of the De Facto Complainant) was the
The High Court cannot quash criminal proceedings for serious offences like abetment of suicide based on a settlement, as such crimes impact society and require trial.
The main legal point established in the judgment is that heinous and serious offences, such as those under Sections 498A and 304B of the Indian Penal Code, should not be quashed based on a settlement....
The court established that mere relationship or communication does not constitute abetment to suicide without clear evidence of instigation.
(1) Abetment of suicide – Even an indirect act of incitement to commission of suicide would constitute offence of abetment of suicide under Section 306 of IPC.(2) Criminal prosecution, if otherwise j....
The court emphasized that inherent powers to quash criminal proceedings should be exercised sparingly, particularly in serious offences, to prevent abuse of process and ensure justice.
Section 482 preserves inherent powers of High Court to prevent an abuse of process of any court or to secure ends of justice.
The main legal point established in the judgment is that the court has inherent power to quash criminal proceedings, even in non-compoundable cases, based on genuine compromises, considering the natu....
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