Quashing Time taken By High court

Dear Client,
An offence under Section 306 IPC(Abetment of Suicide) is non-compoundable, non-bailable, cognizable and considered a serious/heinous crime and cannot be settled or withdrawn through a compromise or financial settlement between the parties. Even if the victim's family agrees to a settlement, the case cannot be quashed or withdrawn, as it's not permissible under law. As per Section 108 of the Bharatiya Nyaya Sanhita (BNS) that replaced the Section 306 IPC, abetment of suicide is punishable by up to 10 years of imprisonment and a fine. The Supreme Court, on July 29, 2022 set aside an order of the Gujarat High Court, whereby a revision application under Section 482 of the Cr.P.C. was allowed and FIR under section 306 of the Indian Penal Code (IPC) was quashed holding that offence under Section 306 of the IPC is a heinous offence and therefore it cannot be quashed on the basis of any financial settlement with the informant. The Court stated that, “Heinous or serious crimes, which are not private in nature and have a serious impact on society cannot be quashed on the basis of a compromise between the offender and the complainant and/or the victim. Crimes like murder, rape, burglary, dacoity and even abetment to commit suicide are neither private nor civil in nature. Such crimes are against the society.” The Court affirmed that an informant/complainant had no right to withdraw the complaint of a non-compoundable offence of a grave, serious and/or heinous nature which impacts society.