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april 2009

Supreme Court of India · 2009-04-27

Kailashi Bai vs Aarti Arya & Anr

Citation / case number
AIR 2009 SC (SUPP) 2218
Court
Supreme Court of India
Petitioner
Kailashi Bai
Respondent
Aarti Arya & Anr
Author
Arijit Pasayat
Bench
Asok Kumar Ganguly, Arijit Pasayat

Judgment text excerpt

The Supreme Court upheld the Madhya Pradesh High Court's decision to quash proceedings against the respondent under Section 306 of the Indian Penal Code, stating that the prosecution failed to establish the necessary ingredients for abetment of suicide. The Court emphasized that the High Court's exercise of inherent powers under Section 482 of the Code of Criminal Procedure was justified as there was no material evidence to support claims of harassment or mental cruelty leading to the deceased's suicide. The ruling clarified the limited scope of Section 482, which is to prevent abuse of process and secure justice, rather than to act as an appellate authority.

Kailashi Bai vs Aarti Arya & Anr · Niyam