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State of Madhya Pradesh v. Kalyan Singh |
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CRIMINAL APPEAL NO. 14 OF 2019 [Arising out of SLP (Crl.) No. 5632 of 2014] decided on 04.01.2019 |
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Bench |
DY Chandrachud and MR Shah, JJ |
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Fact |
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The Complainant submitted his affidavit stating that he has amicably settled the subject matter of the crime with the Accused and that he has no objection for dropping the criminal proceedings. The High Court in exercise of power under Section 482(Saving of inherent powers of High Court) of the Cr.PC has quashed the criminal proceedings against the original Accused which were for the offences under Sections 307 (Attempt to murder) , 294 (Obscene acts and songs) read with Section 34(Acts done by several persons in furtherance of common intention) of the IPC, solely on the ground that the original Complainant and Accused have settled the dispute and the original Complainant does not want to prosecute the accused. |
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Held |
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The Court held that non-compoundable cannot be amicably settled by compromise and 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. |
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Summary |
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Question of law |
Whether the order passed by the High Court quashing the criminal proceedings against the accused for the offences under Sections 307, 294 read with Section 34 of the IPC is correct in law? |
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Judgment |
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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 non-compoundable offences. Looking to the serious allegations against the accused, the Supreme Court held 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 Complainant and the accused have settled the dispute. The Supreme Court relied upon the decision of this Court in the case of Gulab Das v. State of M.P. (2011) 12 SCALE 625. In the said decision, this Court has specifically observed and held that despite any settlement between the Complainant and the accused, the criminal proceedings for the offences under Section 307 of the IPC cannot be quashed, as the offence under Section 307 is a non-compoundable offence. |
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