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Supreme Court of India 2020-02-11 allowed

RAJEEV KOURAV vs BAISAHAB

Bench: 2 — L. Nageswara Rao, Deepak Gupta

In Brief

A wife and two children died by suicide after allegedly suffering harassment and intimidation from the respondents. The appellant filed a criminal complaint under Sections 306 and 34 IPC (abetment of suicide). The High Court quashed the proceedings, finding no prima facie case for abetment after examining police statements. The Supreme Court reversed this, holding that the High Court improperly evaluated inadmissible Section 161 statements at the petition stage. When allegations disclose ingredients of the alleged offence, proceedings cannot be quashed; the accused must face trial. The Court allowed the appeal and set aside the quashing order.

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Criminal Procedure Criminal Appeals Quashing of Proceedings Abetment of Suicide Evidence Section 482 CrPC

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