Preetam Banerjee 09 October 2026

Quashing petition and lower court proceeding

My compromise-based quashing petition was rejected by the Calcutta High Court on 02.09.2026, with no stay order on the lower court proceedings. The State reportedly failed to submit the case diary. Now, the Public Prosecutor says witnesses cannot be examined until the case diary reaches the trial court.

I don't understand this situation?

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Quick Summary

Your quashing petition based on a compromise was rejected by the Calcutta High Court. The court cited that the offence under IPC 306 (suicide) is non-compoundable and a witness had already been examined. This means lower court proceedings will continue, and the status of witness examination is now dependent on the case diary reaching the trial court.

5 Replies

Dr. J C Vashista (Advocate ) 10 October 2026

What is the compromised case stated to have been filed quashing petition before Calcutta High Court? Why the quashing petition has been rejected ?

Incomplete facts cannot lead to form proper opinion and oblige.

It will be appropriate to consult the lawyer engaged by you, who is well aware about facts and circumstances of the case.

Preetam Banerjee 10 October 2026

Section is IPC 306 in suicide case. One witness is examine in lower court. High court reject the Quashing petition because of it is non compoundable offence and witness examine start.

Dr. J C Vashista (Advocate ) 12 October 2026

Yes, the charge is being tried for abatement of suicide, which is non-compoundable and Calcutta High Court has rightly dismissed the petition for quashing the FIR.

The accused has to disprove the prosecution case, if it has sufficient evidence.

P. Venu (Advocate) 14 October 2026

Yes, there could be no compromise qua such grievious offences.

"Prosecutor says witnesses cannot be examined until the case diary reaches the trial court."
You can oppose the submission. In matters relating to trial, it is the decision of the Court that matters.

T. Kalaiselvan, Advocate (Advocate) 18 October 2026

As the high court has dismissed the quash petition, you have no option than to depend on trial court to challenge the case on merits.

If the public prosecutor states that he awaits the case diary from police, you may have to wait, you are the accused hence you cannot exercise any rights or authority over the prosecution. The court will instruct the public prosecutor suitably if there is an inordinate delay.