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.
Source: Barandbench
