Suicide abetment case cannot be quashed on mere settlement between parties: Kerala High Court

The Kerala High Court recently held that cases of abetment of suicide cannot be quashed merely because of a settlement between parties when there is prima facie evidence of abetment as punishable under Section 306 of the Indian Penal Code. [Nimesh & Anr v State of Kerala & Ors].Justice A Badharudeen said that cases of abetment of suicide can be quashed on grounds of settlement only when the facts of the case do not prima facie substantiate the allegations. "The law regarding quashment of a crime alleging commission of offence punishable under Section 306 of I.P.C is that when the facts of the case placed on materials could not constitute anything to substantiate prima facie commission of offence punishable under Section 306 of I.P.C, in such cases as an exception to general rule, quashment of the said crime, under Section 482 of Cr.P.C is legally permissible. At the same time, when the prosecution materials are sufficient, prima facie, merely because of settlement a crime alleging commission of offence punishable under Section 306 of I.P.C cannot be quashed. In fact, in such cases the relatives could not settle the case either by filing affidavit or otherwise," the Court held. .The Court was considering a petition moved by a couple to quash a case registered against them for allegedly abetting the suicide of the mother of the man. They argued that they were falsely implicated in the case and that the proceedings against them ought to be quashed as all misunderstandings were cleared after discussing the matter with other family members..The prosecution, however, opposed the same and argued that the material, including the suicide note, showed that the petitioners had harassed the deceased and threatened to send her out of the house after acquiring her property.He also cited the decision in Daxaben v. State of Gujarat & Ors. in which the apex court held that "criminal Proceeding cannot be nipped in the bud by exercise of jurisdiction under Section 482 of the Cr.P.C only because there is a settlement.".After going through relevant precedents, the Court observed that it cannot quash the proceedings merely because the accused and the relatives of the deceased agreed to settle the matter outside of court when the evidence against the accused is strong.The Court also explained that crimes involving serious offences must be examined case-by-case and whether on not to quash proceedings must be decided based on the facts of each case.It went through the material on record and noted that the suicide note elaborately discussed the cruelty meted out to the deceased by her son and daughter-in-law who are the petitioners in this case. That coupled with other material led the Court to conclude that this was a case where offence punishable under Section 306 of IPC stood attracted, prima facie, warranting effective investigation and meaningful prosecution..It, therefore, dismissed the petition and directed the concerned investigating officer to continue the investigation as per law. .The petitioners were represented by advocate Celine Joseph.Senior Public Prosecutor Renjith George appeared for the State..[Read Order]