Attempt To Murder Case Can Be Settled After Filing Of Final Report Upon Considering Nature Of Injuries Sustained: Kerala High Court

“In view of the above legal position, settlement of cases involving offence punishable under Section 307 of IPC also can be considered, after filing Final Report and not before filing Final Report, if the prosecution materials do not suggest commission of the said offence and also in consideration of the nature of injuries sustained. That is to say, when the courts, while taking a call as to whether compromise in such cases should be effected or not, the Court should go by the nature of injuries sustained, the part of the body where the injuries were inflicted with specific attention to see whether the injuries caused are on the vital/ delicate parts of the body and the nature of weapons etc.”

The Court observed that if there is a strong possibility that the charge under Section 307 (attempt to murder) can be proved, the matter should not be settled. On the other hand, if Court is of the opinion that Section 307 was unnecessarily included in the charge sheet, the court can accept the settlement between the parties.

The High Court relied on the Supreme Court decision in State of Madhya Pradesh v Laxmi Narayan and Others (2019) where it was held that heinous and offences like attempt to murder should not be allowed to be settled between the parties. The Supreme Court however directed that the High Court can examine if Section 307 is added just for the sake, or if the prosecution has sufficient materials to prove the offence. The Supreme Court added that the High Court can also look into the nature of the injury, where the injury is inflicted and the nature of the weapon used. The Apex Court also added that such an exercise is permissible only after the framing/ filing of the charge sheet.

The case is that the accused restrained and assaulted the complainant when the romantic relationship between them collapsed.

The allegation is that the accused stabbed the complainant with a knife saying “I will kill you”. The accused was booked under Section 323 (punishment for voluntarily causing hurt), 324 (voluntarily causing hurt by dangerous weapons or means), 341 (punishment for wrongful restraint), 506(ii) (criminal intimidation) and 307 (attempt to murder) of IPC.

The complainant submitted an affidavit before the court saying that the issue has been settled between them and she has no intention to proceed with this matter.

The Court noted from the medical records that the injuries were caused on the left upper arm and left shoulder. Court concluded that there were no injuries on any vital/ delicate body parts and therefore Section 307 is not prima facie substantiated.

The Court allowed the petition and further proceedings in the case were quashed.

Counsel for the Petitioner: Adv. K. Reeha Khader

Counsel for the Respondents: Senior Public Prosecutor Adv. Renjith George, Adv. N. Jishine Babu

Case No: Crl.M.C. 9250 of 2024

Case Title: Arshad v State of Kerala and Another

Citation: 2024 LiveLaw (Ker) 818