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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, Hrishikesh Roy

In Brief

Kanchan Sharma's criminal appeal challenges the High Court's refusal to quash proceedings charging her with abetting suicide (Section 306 IPC) and atrocity offences under the SC/ST Prevention of Atrocities Act. The deceased had harassed and stalked her, threatening suicide if she refused marriage; he later consumed poison at her house. The Supreme Court held that abetment requires credible evidence of a positive, direct act of instigation; mere self-serving allegations and vague statements without corroboration are insufficient. Applying the four-step test from Rajiv Thapar, the Court found no material showing any relation or active involvement by her and quashed the proceedings as a travesty of justice.

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Criminal Law Abetment of Suicide Code of Criminal Procedure Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act Quashing of Criminal Proceedings Section 482 CrPC

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