Offence Under Sec. 307 IPC Can't Be Quashed On The Basis Of Settlement Between Parties: SC [Read Judgment]

Offence Under Sec. 307 IPC Cant Be Quashed On The Basis Of  Settlement Between Parties: SC [Read Judgment]

“We are of the opinion that the High Court has committed a grave error in quashing the criminal proceedings for the offences under Sections 307, 294 read with Section 34 of the IPC solely on the ground that the original Complainant and the accused have settled the dispute. “

The Supreme Court has observed that under Section 307 of the IPC (Attempt to Murder) cannot be quashed, even when there is any settlement between the complainant and the accused, as it is a non-compoundable offence.

In State of Madhya Pradesh v. Kalyan Singh, the bench comprising Justice DY Chandrachud and Justice MR Shah were considering appeal filed by the state against the High Court order quashing criminal proceedings pending against the present accused under Sections 307, 294 read Section 34 of the IPC.

Taking note of the criminal background of the accused, the bench said: "Looking to the serious allegations against the accused, we are of the opinion that the High Court has committed a grave error in quashing the criminal proceedings for the offences under Sections 307, 294 read with Section 34 of the IPC solely on the ground that the original Complainant and the accused have settled the dispute."

While setting aside the high court order, the court reiterated the observations made in Gulab Das and Ors. v. State of M.P. and observed that despite any settlement between the Complainant on the one hand and the accused on the other, the criminal proceedings for the offences under Section 307 of the IPC cannot be quashed.

In Gulab Das, the court had said: "This Court has in a long line of decisions ruled that offences which are not compoundable under Section 320 of the Cr.P.C. cannot be allowed to be compounded even if there is any settlement between the complainant on the one hand and the accused on the other."

It is pertinent to mention that in 2014, the Supreme Court in Narinder Singh & Ors vs State Of Punjab, had accepted compromise between the parties and quashed the criminal proceedings against the accused who was charged under Section 307 IPC.

Read the Judgment Here