MUKHTIYAAR ALI & ORS. Vs. THE STATE NCT DELHI & ORS - (High Court of Delhi) (20 Sep 2021)

Offence under Section 307 of IPC is a crime against the society and so proceedings under the same cannot be quashed only on the ground of compromise

MANU/DE/2062/2021

Criminal

The present petition was filed under Section 482 of code of Criminal Procedure, 1973 (Cr.P.C) for quashing FIR registered for offences under Sections 307/34 of Indian Penal Code, 1860 (IPC).

The victim has been admitted in hospital in serious condition. Being declared unfit for giving statement, the Victim's father informed police that he saw the Petitioner, Hannan and Adnan @ Chote were quarreling with his son. Hannan and the petitioner herein were holding his son and Adnan stabbed him in the stomach and they all escaped from the spot. On the statement of the father of the victim, FIR was registered.

On investigation, Hannan was declared as a Proclaimed Offender. The injuries sustained by Victim were found to be serious in nature. Thus, charge-sheet stating that there is enough material against the accused to proceed ahead against him under Sections 307/34 IPC has been filed. However, in between, the parties have entered into a compromise and hence, the present petition filed for quashing of FIR. The compromise deed has been filed along with the petition which shows that the accused will pay a sum of Rs.3,00,000/- as compensation/medical/other charges. It is 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 Court after referring and analyzing the various decisions of Supreme Court and relying upon the decision of Supreme Court passed in State of M.P. v. Laxmi Narayan observed 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 powers conferred on the High Court under Section 482 Cr.P.C can be exercised keeping in mind the injuries sustained, whether such injury is inflicted on the vital/delicate parts of the body, nature of weapons used etc.

Considering the law laid down by the Supreme Court in State of M.P. v. Laxmi Narayan (supra) it can be seen that this is not an ordinary fight between the neighbours. The injuries inflicted by the petitioners were sufficient to cause death. The victim has been attacked with a dangerous weapon i.e. a knife. Applying the principles laid down by the Supreme Court in State of M.P. v. Laxmi Narayan, this Court is not inclined to quash the FIR solely on the ground that the parties have entered into a compromise. Accordingly, the petition is dismissed along with the pending application(s), if any.

Tags : CRIME OF SERIOUS NATURE QUASHING OF PROCEEDINGS COMPROMISE