Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court

The Bench of Justice Subramonium Prasad opined that the attempt to murder is a heinous offence that cannot be quashed on the ground that the parties have resolved the entire disputes amongst themselves.

The matter in brief

In August 2020, a man named Imran had been physically assaulted and was hospitalised and the petitioners were accused of attempting to murder Imran. In the charge sheet, it was stated that there was enough material against the accused to proceed ahead against him under Sections 307/34 IPC.

However, in the interregnum, the parties entered into a compromise and a compromise deed had been filed along with the petition before the Court which stated that the accused will pay a sum of Rs.3,00,000/- as compensation/medical/other charges.

It was also stated that out of Rs.3,00,000/-, the accused have paid Rs.1,00,000/- to the victim at the time of signing of the settlement agreement and the remaining amount will be paid at the time of quashing of the FIR.

The counsel for the petitioner stated that the parties reside in the same area and are distantly related to each other.

It was argued that the victim was attacked only with a kitchen knife and now, the parties have decided to settle their disputes and have entered into a compromise and therefore, in order to ensure that both sides live peacefully, the FIR be quashed.

On the other hand, the APP for the State, opposed the instant petition and submitted that the petitioner had been stabbed twice in the abdomen and has suffered serious injuries.

Therefore, it was argued that the High Court should not exercise its jurisdiction under Section 482 Cr. P.C for quashing those offences which are heinous in nature.

Court's observations

At the outset, the Court noted that there was a conflict of opinions in the Supreme Court as to whether an offence under Section 307 IPC could be quashed by the High Court while exercising its power under Section 482 Cr.P.C.

Essentially, the Supreme Court in State of Rajasthan v.Shambhu Kewat, (2014) 4 SCC 149, has held that an offence under Section 307 IPC is a serious offence and ordinarily should not be quashed by the High Court while exercising its powers under Section 482 Cr.P.C on the ground that the parties have settled their disputes.

However, on the other hand, the Supreme Court in Narinder Singh v. State of Punjab, (2014) 6 SCC 466, after noticing the judgment in Stateof Rajasthan v. Shambhu Kewat quashed the proceedings under Section 307 IPC.

In view of the conflict between the two judgments, the matter was referred to a larger Bench and the larger Bench of Supreme Court in State of M.P. v. Laxmi Narayan, (2019) 5 SCC 688 in which it was held that attempt to murder is a heinous offence, and the same shouldn't be quashed on the basis of a compromise entered into by the parties.

"Considering the parameters laid down by the larger Bench of the Supreme Court, the High Court while exercising its jurisdiction under Section 482 Cr.P.C has held that an offence under Section 307 IPC will fall under the category of heinous offence, and therefore, has to be treated as a crime against the society and not against the individual alone and the proceedings under Section 307 IPC cannot be quashed only on the ground that the parties have resolved the entire disputes amongst themselves," the High Court noted.

Therefore, noting that the victim had been attacked with a dangerous weapon i.e., a knifer and the injuries are such which would have caused death in the ordinary circumstances, the Court, while applying the principles laid down in State of M.P. v. Laxmi Narayan, the Court declined to quash the FIR solely on the ground that the parties have entered into a compromise.

Recently, the Supreme Court had reduced the sentence awarded to a man accused of attempt to murder taking note of the amicable settlement between the accused and the victim.

The Delhi High Court (Justice Prasad Bench) in March directed a young accused of 21 years to do one-month community service at Gurudwara Bagala Sahib while quashing the FIR against him on the ground of a compromise being entered between the parties.

The Court directed the community service to continue from 16th March to 16th April 2021.

Case title - Mukhtiyaar Ali & Ors. v. The State NCT Delhi & Ors

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