VidhiSangh

Supreme Court of India · 17/09/2021

KANCHAN SHARMA versus STATE OF UTTAR PRADESH & ANR.

[2021] 6 S.C.R. 194 · 2021 INSC 496

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Summary

The Court quashed the cognizance/non-bailable-warrant order and criminal proceedings for abetment of suicide and the alleged SC/ST Act offence. The record supplied no credible material of instigation or intentional aid by the appellant; it instead included her earlier police complaint about the deceased’s persistent calls and marriage threats. Consumption of poison near her home did not establish a relationship or abetment. Vague caste-abuse allegations likewise lacked the charged offence’s ingredients. The High Court erred by invoking factual disputes without assessing this material under Section 482.

Issues

  1. Whether the record disclosed the ingredients of abetment of suicide or the charged SC/ST Act offence.
  2. Whether the High Court could decline quashing merely by describing the matter as factually disputed.

Provisions considered

Held

Result

Appeal allowed; High Court order set aside and cognizance/NBW order plus Special Trial proceedings against the appellant quashed.

Judgment PDF: Supreme Court of India, [2021] 6 S.C.R. 194.