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april 2009

Supreme Court of India · 2009-04-27

KAILASHI BAI vs AARTI ARYA

Citation / case number
SC 2007/35240
Court
Supreme Court of India
Petitioner
KAILASHI BAI
Respondent
AARTI ARYA
Author
ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the High Court's decision to quash proceedings against the respondent under Section 306 IPC, ruling 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, 1973 was appropriate as the allegations did not disclose any offense. The judgment clarified that inherent jurisdiction should be exercised sparingly and only to prevent abuse of process or secure justice.

KAILASHI BAI vs AARTI ARYA · Niyam