New Delhi. The Delhi High Court, while refusing to quash the FIR in an attempt to murder case on the basis of agreement between the parties, said criminal law attempts to control the conduct of individuals in the society and no crime is expunged by payment of compensation. It doesn’t happen.
Justice Anup Kumar Mendiratta, while dismissing the plea of the accused, said the objective is to ensure that a serious offense like section 307 (attempt to murder) of the Indian Penal Code (IPC) is not repeated and the compromise does not encourage more criminal acts or lead to larger crimes. Do not jeopardize the welfare of the society on a large scale.
The court, in an order passed earlier this month, said, “In the present case, over a trivial matter, the vital part of the body of respondent number three was attacked with a knife by the petitioners. Merely because defendant number three was compensated after the settlement, it cannot be a proper ground for quashing the proceedings.”
The court said, “It needs to be seen in the perspective that criminal law is designed to create social control and regulate the conduct of people within the society. Mere payment of compensation does not end the crime.”
The petitioners sought quashing of the FIR lodged in 2019 on the grounds that the matter had been settled amicably between them and the victim and compensation had been paid to the victim. The prosecution opposed the petition on the ground that the petitioners had caused injuries to the victim by stabbing her on vital parts of her body over a trivial matter.
In the order, the court said that its powers to quash cases for heinous and grave crimes of mental disorder or crimes like murder, rape and dacoity should be used carefully as these have a serious impact on the society.
The court said that the offense under Section 307 of the IPC is considered a heinous and serious offense because it is considered an offense primarily against the society and not against an individual.
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Tags: DELHI HIGH COURT
FIRST PUBLISHED: April 19, 2024, 23:37 IST