On 20th September, a bench of Delhi High Court consisting of Justice Subramonium Prasad, while hearing a petition under Section 482 Cr.P.C for quashing an FIR registered at Police Station Jafrabad for offences under Sections 307/34 IPC, 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.

Facts of the case:

The present petition was filed under Section 482 Cr.P.C is for quashing FIR No.333/2020 dated 03.08.2020, registered at Police Station Jafrabad for offences under Sections 307/34 IPC. The petitioner was accused of holding the victim while his accomplice stabbed him in the stomach and they all escaped from the spot. The victim was then brought to the JPC Hospital and from there he was referred to the RML Hospital for further treatment. On the statement of the father of the victim, FIR No.333/2020 dated 03.08.2020, was registered at Police Station Jafrabad for offences under Sections 307/34 IPC.

The present case is for quashing the criminal proceedings for offences under Section 307 IPC on the ground that the parties have entered into a settlement.

Contention of the petitioner:

Mr. Rishipal Singh, learned counsel for the petitioner submitted the following:

  1. It was submitted that the parties reside in the same area and they are distantly related to each other. He states that the victim was attacked only with a kitchen knife.
  2. It was also submitted that the parties have decided to settle their disputes and have entered into compromise. He further contended that in order to ensure that both sides live peacefully the FIR be quashed.

Contention of the respondent:

Ms. Meenakshi Chauhan, learned APP for the State, strongly opposes the instant petition on the following grounds:

  1. It was submitted that the petitioner has been stabbed twice in the abdomen and has suffered serious injuries.
  2.  She also stated that the High Court should not exercise its jurisdiction under Section 482 Cr.P.C for quashing those offences which are heinous in nature.

Observation and judgement of the court:

The following observation has been made by the hon’ble bench of the court:

  1. 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.
  2. The victim has been attacked with a dangerous weapon i.e. a knife. As stated above, injuries are such which would have caused death in the ordinary circumstances.

Thus, the court applying the principles laid down by the Supreme Court in State of M.P. v. Laxmi Narayan, the court was not inclined to quash the FIR solely on the ground that the parties have entered into a compromise.

Thus, the petition was dismissed.

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