Case Note & Summary
The State of Madhya Pradesh appealed against the High Court's order quashing criminal proceedings against Kalyan Singh and others for offences under Sections 307, 294 read with Section 34 IPC. The complainant, Birbal Sharma, had filed a complaint alleging that the accused fired twice at him with a countrymade pistol. The accused filed an application under Section 482 CrPC to quash the proceedings, claiming that the dispute had been amicably settled with the complainant, who submitted an affidavit supporting the quashing. The High Court allowed the application, quashing the proceedings solely on the ground of settlement. The Supreme Court held that the High Court committed a grave error because the offences under Section 307 IPC are non-compoundable under Section 320 CrPC. The Court relied on its earlier decision in Gulab Das v. State of M.P., which held that even if there is a settlement, criminal proceedings for non-compoundable offences like Section 307 IPC cannot be quashed. The Supreme Court allowed the appeal, set aside the High Court's order, and directed that the criminal proceedings (Crime No. 23 of 2013) be proceeded with in accordance with law.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Non-compoundable offences - Section 482 CrPC - Settlement between complainant and accused cannot be a ground to quash proceedings for non-compoundable offences like Section 307 IPC - High Court erred in quashing proceedings solely on settlement - Held that offences under Section 307 IPC are non-compoundable and serious, and quashing on settlement is impermissible (Paras 3-4). B) Indian Penal Code - Offence under Section 307 - Non-compoundable - Section 320 CrPC - Attempt to murder is a serious offence and cannot be compounded - Even if parties settle, criminal proceedings must continue - Held that High Court's order quashing proceedings for Section 307 IPC was erroneous and set aside (Paras 3-4).
Issue of Consideration
Whether criminal proceedings for non-compoundable offences under Sections 307, 294 read with Section 34 IPC can be quashed under Section 482 CrPC solely on the ground of settlement between complainant and accused.
Final Decision
Appeal allowed. Impugned judgment and order of High Court quashed and set aside. Criminal proceedings being Crime No. 23 of 2013 under Sections 307, 294 read with Section 34 IPC registered at Police Station Maharajpur, District Gwalior to be proceeded further in accordance with law and on its own merits.
Law Points
- Non-compoundable offences cannot be quashed on basis of settlement
- Section 307 IPC is non-compoundable
- Section 482 CrPC cannot override Section 320 CrPC
