Mubarak @ Vijayan, S/o. Karuppan – Appellant
Versus
State Of Kerala – Respondent
ORDER :
This Crl.M.C. has been filed under Section 482 of the Code of Criminal Procedure and the prayer is as under;
2. The petitioner herein is the sole accused in the above case.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the records.
4. In this matter, prosecution alleges commission of offences punishable under Sections 498A and 306 of the Indian Penal Code (IPC for short hereinafter) by the petitioner.
The prosecution case is that the accused herein, who married the victim on 28.11.2004, subjected her to continuous persecution by demanding more dowry and gold ornaments, thereby she was physically and mentally tortured. While so, he telephoned from abroad that when the accused would return during the month of January, 2017, the victim should not be at the house and she must leave there. Consequent to this telephone call, on 02.01.2017, she committed suicide. This is the base on which the prose
Serious offences like abetment of suicide under IPC cannot be settled legally, necessitating a trial.
The court can quash proceedings for non-compoundable offences if the parties settle voluntarily and it serves the ends of justice.
Serious offences like rape cannot be compromised or settled, as they have a significant impact on society and public interest in punishing offenders.
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.
Quashing of proceedings for non-compoundable offences can occur if a fair and voluntary settlement is reached between parties, ensuring justice.
Prosecution must prove that the victim was subjected to dowry-related cruelty soon before her death to sustain charges under Sections 304B and 498A of IPC.
Abetment of suicide – Word uttered in a fit of anger or emotion without intending consequences to actually follow, cannot be said to be instigation.
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