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SHAMPA DUTT (PAUL)
Pulak Kumar Mallick – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The present revisional application has been preferred praying for quashing of the proceeding being S.T. No. 13(12)17 (S.C. No. 4(4)16 corresponding to G.R. No. 2421 of 2014 pending before the learned Additional District and Sessions Judge, Fast Track Court, Ranaghat, Nadia, arising out of Hanskhali P.S. Case No. 652 of 2014 dated 28.10.2014 under Sections 306/34 of the Indian Penal Code.
2. The petitioner’s case is that initially the present case was initiated under Sections 302/201/34 of the Indian Penal Code.
3. On completion of investigation the police submitted charge-sheet under Section 306/34 of the Indian Penal Code. The learned Magistrate taking cognizance framed charge under Section 306/34 IPC against the accused persons.
4. The allegations against the petitioner herein is that:
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 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....
Offences under Section 307 IPC are serious and heinous, lacking the possibility of being quashed based on private compromise. Hence, societal interest in prosecuting such crimes prevails.
High Court quashed abetment proceedings on victim-husband compromise after main rapist accused died, as conviction remote, parties harmonious, invoking Section 482 CrPC sparingly for non-compoundable....
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....
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.
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....
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