Advocate Sushila
SUPREME COURT DRAWS DISTINCTION BETWEEN PROCEEDINGS FOR QUASHING OF FIR AND A CRIMINAL TRIAL

SUPREME COURT DRAWS DISTINCTION BETWEEN PROCEEDINGS FOR QUASHING OF FIR AND A CRIMINAL TRIAL

A Two Judge Bench of the Supreme Court has in a matter of Mahendra KC vs State of Karnataka and Others passed a Judgment dated 29-10-2021 and drawn a distinction between proceedings initiated for quashing of First Information Report (FIR) under Section 482 Code of Criminal Procedure 1973 (CrPC) and a criminal trial.


In this case, a Complaint was filed on 06-12-2016 in Maddur Police Station, Karnataka by one, Mr. Mahendra KC (Appellant herein) against the Respondent, a Special Land Acquisition Officer, for offence punishable under Section 306 of the Indian Penal Code 1860 (IPC) (Abetment of suicide) read with Section 34 IPC (Acts done by several persons in furtherance of common intention) committed in respect of the Appellant’s brother (Deceased). The said Complaint was later registered as FIR bearing No. 565 of 2016 on 07-12-2016. The relevant provisions of the offences are reproduced below for easy reference:

Section 34 IPC: Acts done by several persons in furtherance of common intention.—When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone

Section 306 IPC: Abetment of suicide—If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

The Complaint stated that the Deceased was working as a driver for the Respondent-Accused. The Deceased had discussed with the Appellant and his friends in December 2016 that the Respondent-Accused has accumulated disproportionate assets of over Rs. 100 Crores and that the Respondent-Accused had utilized the mobile and bank account of the Deceased to transfer funds to the Accused’s relatives for converting “black money into white”. The Complaint further stated that the Deceased had knowledge about the dealings of the Accused, hence the Respondent-Accused along with another driver, had been harassing him and threatening to murder him. As a result of the mental stress, the Deceased committed suicide by consuming poison in a Lodge Room on 06-12-2016. A suicide note was also found in the Lodge Room (Suicide Note). The Suicide Note specifically named the Respondent-Accused and the driver as responsible for his death. Thereafter, the Respondent-Accused was arrested on 11-12-2016.

The Respondent-Accused filed a Petition under Section 482 CrPC before the Karnataka High Court seeking quashing of the FIR No. 565 of 2016.


To read more, please visit the link below:


https://theindianlawyer.in/supreme-court-draws-distinction-between-proceedings-for-quashing-of-fir-and-a-criminal-trial/


#supremecourt #distinction #quashing #FIR #criminal #trial

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