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Supreme Court of India 2021-09-17 allowed

Kanchan Sharma vs State of Uttar Pradesh & Anr

Bench: 2 — R. Subhash Reddy

In Brief

The appellant was prosecuted for abetting the suicide of a man under Section 306 IPC and for an offence under the SC/ST Atrocities Act after he consumed poison at her house. The High Court rejected her petition to quash the proceedings, citing unresolved factual disputes. The Supreme Court allowed her appeal, holding that the material on record disclosed no credible basis to proceed to trial. The appellant had previously complained to police about the deceased stalking her and threatening to die if she did not marry him. His consumption of poison was an impulsive act at her doorstep, not the result of any instigation or abetment by her. The Court emphasized that abetment requires a direct or active act of incitement; mere relationship or harassment is insufficient. The High Court erred in rejecting the petition without scrutinizing the material.

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Criminal Procedure Abetment of Suicide SC/ST Atrocities Act Quashing of Proceedings Section 482 CrPC

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