Can't quash suicide abetment case on settlement, says Bombay HC
Mumbai: The Bombay high court has said that abetment of suicide cases cannot be quashed on the grounds of a settlement between the parties involved and dismissed a petition filed by an accused who was arrested for allegedly abetting the suicide of his girlfriend.
The accused had approached the high court and sought to quash the case, saying that he has settled the matter with victim’s family. The accused also said that he had given monetary compensation to them. However, the court refused to quash the case, saying that the accused can file a new petition on the grounds of evidence and facts.
A division bench of Justice Abhay Oka and Justice Anuja Prabhudesai was hearing a writ petition filed by accused Asgar Ali Chowdhary. The accused had approached the high court, seeking to quash the criminal case under the section 482 of Criminal Procedure Code, which gives powers to high courts to quash criminal proceedings.
According to the petitioner, he had an affair with the victim, and after the relationship turned sour, she committed suicide. The victim’s father had registered a complaint against the accused for abetting the suicide.
The petitioner told the court that he has settled the matter with the complainant and also given monetary compensation to the victim’s family.
The father of the deceased has submitted an affidavit in the high court, claiming that his daughter was suffering from depression for a long time and after she committed suicide he registered a complaint against the accused, as he was in a state of shock.
While hearing the petition, the high court observed: “abetment to suicide cases cannot be quashed on the ground of settlement, since the victim is no more.”