High Court Cannot Quash Criminal Proceedings on the basis of 161 statements

Rajeev Kourav vs. Baisahab and Ors. (11.02.2026 - SC) : MANU/SC/0163/2020

Case Note:
Criminal - Abetment to suicide - Quashing of proceedings - Sections 34, 306 and 506 of Indian Penal Code, 1860 and Section 161 of Code of Criminal Procedure, 1973 - FIR was registered against Respondents No, 1 to 3 for offence of abetment to suicide under Section 306 read with Section 34 of Code - It was contended on behalf of Respondent Nos. 1 to 3 before High Court that ingredients of Section 306 of Code had not been made out - High Court observed that allegations made against Respondent Nos. 1 to 3 at most constitute offence under Section 506 of Code for criminal intimidation and did not make out offence under Section 306/34 of Code - In that view, petition filed by Respondent Nos. 1-3 for quashing criminal proceeding was allowed - Hence, present appeal - Whether High Court erred in quashing proceedings for offence under Section 306 of Code.

Facts:

An FIR was registered against Respondents No, 1 to 3 for offence of abetment to suicide under Section 306 read with Section 34 of Code. A petition under Section 482 of the Code of Criminal Procedure was filed for quashing the criminal proceedings. It was contended on behalf of Respondent Nos. 1 to 3 before the High Court that the ingredients of Section 306 Indian Penal Code have not been made out and the proceedings were liable to be quashed. The High Court held that statements recorded under Section 161 Code of Criminal Procedure. would show that Respondent No. 1 was a quarrelsome lady who had threatened the Appellant’s family of false implication in a criminal case. The High Court observed that the allegations made against Respondent Nos. 1 to 3 at the most constitute an offence under Section 506 Indian Penal Code for criminal intimidation. Read as a whole, the allegations made against Respondent Nos. 1 to 3 did not make out an offence under Section 306/34 Indian Penal Code. In that view, the petition filed by Respondent Nos. 1-3 for quashing the criminal proceeding was allowed.

Held, while allowing the appeal:

(i) The conclusion of the High Court to quash the criminal proceedings was on the basis of its assessment of the statements recorded under Section 161 Code of Criminal Procedure. Statements of witnesses recorded under Section 161 Code of Criminal Procedure being wholly inadmissible in evidence could not be taken into consideration by the Court, while adjudicating a petition filed under Section 482 Code of Criminal Procedure. [8]

(ii) Moreover, the High Court was aware that one of the witnesses mentioned that the deceased informed him about the harassment meted out by Respondent Nos. 1 to 3 which she was not able to bear and hence wanted to commit suicide. The High Court committed an error in quashing criminal proceedings by assessing the statements under Section 161 Code of Criminal Procedure. [9]

(iii) The High Court ought not to have quashed the proceedings at this stage, scuttling a full-fledged trial in which Respondent Nos. 1 to 3 would have a fair opportunity to prove their innocence. [10]