Justice “Subramonium Prasad” opined that “attempt to murder will fall under the category of heinous offence and therefore,has to be treated as a crime against society, Delhi high court refused to quash an FIR for an offence under 307/34 IPC”
A person “Imran” had been physically assaulted and was hospitalized and the petitioners were accused of attempting to murder him.
In the charge sheet,the accused charge against him under section 307/34 IPC.however,the parties entered into a compromise and the comproy deed filed along with the petition which stated the accused will pay a sum of RS.3,00,000 as compensation/medical/other charges,out of RS.3,00,000 the accused have to pay RS.1,00,000 to the victim at the time of signing of the settlement agreement, remaining amount will paid at the time of quashing of FIR
The counsel for the state, opposed the instant petition and submitted that the petitioner had
been stabbed with kitchen knife twice in the abdomen and has suffered serious injury,it was argued that the high court should not exercise its jurisdiction under section 482 Cr.P.C for quashing those offence which are heinous in nature.
Considering the parameters laid down by the larger Bench of the Supreme Court, the High Court while exercising its jurisdiction under Section 482 Cr.P.C 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 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 High Court noted.