Criminal Courts cannot Quash Proceedings based on 161 Statements: SC

No Need To Refer The Petition Challenging The Abrogation Of Article 370 Of The Constitution To A Larger Bench: SC

The appeal was filed against the order of High court quashing the criminal proceedings against the respondent at the initial stage of proceedings on the ground that the ingredients of the abetment to suicide have not been fulfilled

Brief Facts:

The appeal is filed against the judgment of Madhya Pradesh in which the criminal proceedings against the respondent under section 482 of the code of criminal procedure code has been quashed. The complaint was filed that the wife of the respondent along with her two children have committed suicide after being harassed by the respondent.

There are three respondents who are the relatives of the appellant. First, the wife of the elder brother of the appellant, second and third respondents are the brothers of the first respondent. The first respondent is not satisfied with the land which was given by the appellant’s father to her husband and they started harassing the family of the appellant. The victim unable to bear the torture along with her two children commited suicide by jumping before a moving train.

Key Features:

  • The petition was filed to quash the order of the court for quashing the criminal proceedings as the ingredients of the abetment to suicide under section 306 of the IPC have not been fulfilled.
  • The High court records the evidence based on the investigation under section 161 of the CrPC and decides that there is no direct evidence that shows that the respondent has incited the victim to commit suicide.
  • The High court quashed the criminal proceedings against the respondent as the ingredients under section 107 of the IPC are not satisfied.


The Supreme Court allowed the criminal appeal as the quashing of the order by the High court cannot be made out when there is prima facie evidence that disclosed the ingredients of the alleged offence. It is stated that at the initial criminal proceedings the evidence produced by the accused in his defense can be taken by the Courts only in the exceptional circumstance. The statement of the witness under section 161 of the CPC is wholly taken inadmissible by the court and cannot be taken into consideration.

Edited by Pragash Boopal

Approved & Published – Sakshi Raje

Mohita Yadav
I am Mohita Yadav pursuing BBA. LLB(Hons.) at The ICFAI university, Dehradun. I am dedicated law student who learn through analysing. My basic interest is in field of contract law and constitutional law as no law in land is above the constitution. I love to do research on facts behind religious myth. I believe in intellectual work greatly inspired by Chanakya. At my free time, I like to spent my knowledge as it helps me to memorize and also motivate others. Not the least but I give best of my skill as I know a man is great by his deeds.