In the case, Mukhtiyaar Ali & Ors v. State of NCT Delhi & Ors, the Delhi High court bench has headed by Justice Subramonium Prasad held that mere settlement between the parties will not be sufficient for quashing an FIR in a case related to attempt to murder.
The matter was brought before the court because one man named Imran was physically assaulted by some men and the condition of him became worse and he was being hospitalized. The police investigated the matter and it was mentioned in the charge sheet that the victim and accused have come to a settlement where they are to be given a total of 3 lakh and 1 lakh has already been transferred.
The counsel on behalf of the petitioner has argued that the victim was being stabbed only once with a kitchen knife, further when parties themselves have compromised then there is a need that FIR should be quashed. To which the state prosecutor has opposed that the victim has been stabbed twice in the abdomen. She further argued before the court not to exercise its jurisdiction under section 482 CrPC for quashing an FIR for such offences which are grievous in nature.
In a petition, it was argued before the court to quash an FIR registered under Section 307 read with Section 34 of the IPC.
“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 Court stated in its order.
The matter was then referred to a larger bench of the Supreme Court in State of MP v. Laxmi Narayan, and the issue was resolved
“Considering the parameters laid down by the larger bench of the Supreme Court, the High Court while exercising its jurisdiction under Section 482 CrPC, 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,” observed the Court
It was laid in the case Laxmi Narayan that the powers conferred on the High Court under section 482 CrPC could be used considering the injury sustained, weapons used, etc.
The court noted that the present case is not an ordinary dispute and held, “The petitioners have to thank themselves that they are not facing trial in a case of murder because in ordinary circumstances the injuries inflicted by the petitioners were sufficient to cause death.”
It was further noted by the court that the victim has gone to the surgery besides being kept in ICU,
“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 ordinary circumstances.”
