IMPORTANT POINT
The court may quash non-compoundable offences under Section 307 IPC if injuries are not serious and parties reach a settlement.

ORDER :

(A. Badharudeen, J.)

This Criminal Miscellaneous Case has been filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 to quash Annexrue-A1 Final Report and all further proceedings in S.C.No.346/2024 on the files of the District and Sessions Court, Kozhikode arose out of Crime No.663/2023 of Nadapuram Police Station, Kozhikode. The petitioner herein is the accused in the above case.

2. Heard the learned counsel for the petitioner and the learned counsel appearing for the 2nd respondent/defacto complainant who is injured person. Also heard the learned Public Prosecutor, in detail. Perused the case diary and relevant materials available.

3. In this matter, the prosecution allegation is that, at about 01.15 pm on 26.09.2023, the accused who was in love affair with the de facto complainant wrongly restrained and assaulted the de facto complainant with intention to commit murder when the relationship was collapsed. The specific allegation is that the accused stabbed the de facto complainant using a knife saying “I will kill you” and thereby caused injury to her left shoulder. On this premise, the prosecution alleges commission of offences punishable under Sections 341,323,324,307 and 506 (ii) of the Indian Penal Code, 1860.

4. The learned counsel for the petitioner submitted that the matter has been amicably settled and the 2nd respondent/de facto complainant filed affidavit in this regard. The de facto complainant stated in her affidavit that she has no intention to proceed further in this matter.

5. The learned counsel appearing for the defacto complainant would submit that the matter has been settled and the de facto complainant has no intention to proceed further in this matter.

6. The learned Public Prosecutor also submitted that the matter has been settled between the parties and statement of the 2nd respondent/de facto complainant to that effect has been recorded. But, the learned Public Prosecutor opposed quashment on the premise of settlement, since offence punishable under Section 307 of IPC is also involved in this matter.

7. The principles governing compounding of non-compoundable offences have been discussed elaborately by the Apex Court in the Three Bench decision reported in [2019 (2) KHC 190 : AIR 2019 SC 1296 : 2019 (2) KLJ 226 : 2019 (5) SCC 688] State of Madhya Pradesh v. Laxmi Narayan and Others, after referring Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] and laid down the principles as under:

"Considering the law on the point and the other decisions of this Court on the point, referred to herein above, it is observed and held as under:

i) that the power conferred under S.482 of the Code to quash the criminal proceedings for the non compoundable offences under S.320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves;

ii) such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society;

iii) similarly, such power is not to be exercised for the offences under the special Statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender;

iv) offences under S.307 IPC and the Arms Act etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under S.307 IPC and/or the Arms Act etc. which have a serious impact on the society cannot be quashed in exercise of powers u