25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

  • The Supreme Court ruled that a FIR under Section 306 IPC (suicide attempt) cannot be quashed under Section 482 CrPC due to a settlement. 
  • The bench, which included Justices Indira Banerjee and V. Ramasubramanian, stated that 'abetment of suicide' is also a heinous and serious offence that must be treated as a crime against society rather than against the individual. 
  • The accused were accused of defrauding the deceased of Rs.2,35,73,200/-, forcing the deceased, who was in severe financial distress, to commit suicide.
  • The Gujarat High Court quashed a FIR under Section 306 IPC filed against the accused in light of a settlement between the accused named in the FIR and the complainant- a cousin of the deceased- in a petition filed by the accused under Section 482 CrPC. 
  • The wife of the deceased's application to have the judgement recalled was also denied. The bench began by noting that the offence of abetment to commit suicide under Section 306 of the IPC is a serious, non-compoundable offence. 
  • An informant has no legal right to withdraw a complaint of a non-compoundable offence of grave, serious, and/or heinous nature that has a societal impact.
  • In criminal law, the complainant's only position is that of an informant. When the State files an FIR and/or a criminal complaint and initiates a criminal case, it becomes a matter between the State and the accused. 
  • The State is responsible for maintaining law and order in society. Offenders must be prosecuted by the state. 
  • The court cited a three-judge bench decision in State of Madhya Pradesh v. Laxmi Narayan, which held that Section 307 of the IPC is a heinous and serious offence that must be treated as a crime against society rather than against the individual.
"Loved reading this piece by Twinkle Madaan?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"

Tags :

  Views  55  Report

Post a Suggestion for LCI Team
Post a Legal Query