SHAMPA DUTT (PAUL)
Md. Jamil – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revisional application has been preferred praying for quashing of entire proceedings, being G.R. Case No. 304 of 2023 arising out of Serampore P.S. Case No. 53 of 2023 dated 08.02.2023 under Sections 420/467/468/409/120B/34 of the Indian Penal Code, pending before the learned Additional Chief Judicial Magistrate, Serampore, Hooghly.
2. The petitioner’s case is that the on 26.05.2015, one Seema Singh lodged a complaint before the Serampore Police Station, alleging inter alia that:-
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.
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.
(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 established that mere relationship or communication does not constitute abetment to suicide without clear evidence of instigation.
High Court, as case may be, after having given due regard to nature of offence and fact that victim/complainant has willingly entered into a settlement/compromise, can quash proceedings in exercise o....
High Court may quash non-compoundable FIRs for rash/negligent driving causing death on genuine compromise by victim family, as offences not heinous, conviction remote, securing ends of justice and pr....
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....
High Court quashed non-compoundable FIR for rash driving causing death under Section 482 CrPC on voluntary compromise by complainant/legal heirs, as offences not heinous, conviction remote, serving e....
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