Affidavit Of Settlement No Grounds To Quash Case For Abetment Of Suicide If Materials On Record Indicate Offence: Kerala High Court

The Kerala High Court has rejected a petition to quash proceedings for an offence punishable under Section 306 (abetment of suicide) holding that an affidavit by the relative of the victim could not be grounds for quashing if the materials placed on record indicate the commission of the offence.

“When the facts of the case placed on materials and other materials prima facie would suggest commission of offence punishable under Section 306 IPC by the accused persons, merely because the sister of the 1st accused filed an affidavit regarding settlement, shall not be a ground to quash the same” observed Justice A Badharudeen.

The petition was filed to quash proceedings pending against the petitioners in a matter before the Panamaram Police Station, Wayanad. The petitioners submitted that the case of the prosecution that the victim committed suicide because of abetment is false and claimed that they were falsely implicated.

The public prosecutor opposed the quashment contending that the prosecution materials, including the suicide note of the deceased, display a pattern of harassment and threatening behaviour from the petitioners' towards the victim.

The court noted that the law regarding quashing of a crime alleging an offence punishable under Section 306 IPC is only possible if the facts of the case placed on materials could not constitute anything to substantiate the prima facie commission of the offence.

“It appears that there are materials in abundance to hold that this is a case where offence punishable under Section 306 of IPC is attracted, prima facie, warranting effective investigation and meaningful prosecution” concluded the court.

Case Citation: 2024 LiveLaw (Ker) 248

Case Title: Nimesh and Anr. v. State of Kerala and ors.

Case Number: Crl. MC. No. 492 of 2024

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