Whether under Section 482 of the Cr.PC High Cout can quash the criminal proceedings against the original Accused which were for the offences under Sections 307, 294 read with Section 34 of the IPC, solely on the ground of settlement of the dispute the original Complainant and Accused ?
Hon'ble Dr. Justice D.Y. Chandrachud
Hon'ble Dr. Justice D.Y. Chandrachud
State Preferred Appeal
Apex court held that
the original Accused was facing the criminal proceedings under Sections 307, 294 read with Section 34 of the IPC.
It is not in dispute that as per Section 20 of the Cr.PC offences under Sections 307, 294 read with Section 34 of the IPC are noncompoundable.
It is also required to be noted that the allegations in the complaint for the offences under Sections 307, 294 read with Section 34 of the IPC are, as such, very serious.
It is alleged that the accused fired twice on the complainant by a countrymade pistol. From the
material on record, it appears that one of the accused persons was reported to be a hardcore criminal having criminal antecedents.
Be that as it may, the fact remains that the accused was facing the criminal proceedings for the offences under Sections 307, 294 read with Section 34 of the IPC and that
the offences under these sections are not noncompoundable offences and, looking to the serious allegations against the accused, we are of the opinion that the High Court has committed a grave error in quashing the criminal proceedings for the offences under Sections 307, 294 read with Section 34 of the IPC solely on the ground that the original Complainant and the accused have settled the dispute.
This Apex court already held that, despite any settlement between the Complainant on the one hand and the accused on the other, the criminal proceedings for the offences under Section 307 of the IPC cannot be quashed, as the offence under Section 307 is a noncompoundable offence.
Under the circumstance, the impugned judgment and order passed by the High Court quashing the criminal proceedings against the original Accused for the offences under Sections 307,
294 read with Section 34 of the IPC cannot be sustained and the same deserves to be quashed and set aside.
In view of the above and for the reasons stated above, the
present appeal is allowed.
The impugned judgment and order
passed by the High Court in Miscellaneous Criminal Case is hereby quashed and set aside.
Hon'ble Dr. Justice D.Y. Chandrachud
Hon'ble Dr. Justice D.Y. Chandrachud
State Preferred Appeal
Apex court held that
the original Accused was facing the criminal proceedings under Sections 307, 294 read with Section 34 of the IPC.
It is not in dispute that as per Section 20 of the Cr.PC offences under Sections 307, 294 read with Section 34 of the IPC are noncompoundable.
It is also required to be noted that the allegations in the complaint for the offences under Sections 307, 294 read with Section 34 of the IPC are, as such, very serious.
It is alleged that the accused fired twice on the complainant by a countrymade pistol. From the
material on record, it appears that one of the accused persons was reported to be a hardcore criminal having criminal antecedents.
Be that as it may, the fact remains that the accused was facing the criminal proceedings for the offences under Sections 307, 294 read with Section 34 of the IPC and that
the offences under these sections are not noncompoundable offences and, looking to the serious allegations against the accused, we are of the opinion that the High Court has committed a grave error in quashing the criminal proceedings for the offences under Sections 307, 294 read with Section 34 of the IPC solely on the ground that the original Complainant and the accused have settled the dispute.
This Apex court already held that, despite any settlement between the Complainant on the one hand and the accused on the other, the criminal proceedings for the offences under Section 307 of the IPC cannot be quashed, as the offence under Section 307 is a noncompoundable offence.
Under the circumstance, the impugned judgment and order passed by the High Court quashing the criminal proceedings against the original Accused for the offences under Sections 307,
294 read with Section 34 of the IPC cannot be sustained and the same deserves to be quashed and set aside.
In view of the above and for the reasons stated above, the
present appeal is allowed.
The impugned judgment and order
passed by the High Court in Miscellaneous Criminal Case is hereby quashed and set aside.
