ORDER

Dated this the 3rd day of September, 2024 This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash all further proceedings pursuant to Annexure.A1 FIR in Crime No.558/2024 of Rajakkadu Police Station, Idukki. The petitioner herein is the accused in the above case.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor, in admission. Perused the relevant materials available.

3. In this matter, the prosecution case is that, at about 02.00 pm on 08.08.2024, the accused/petitioner herein, who is none other than the son of the defacto complainant, beaten the defacto complainant as an aftermath of a family dispute. It is also alleged that, the accused/petitioner threatened to kill the defacto complainant, hit on her face and kicked on her hands and chest, resulted in fractures on her right hand and ribs. On this premise, the prosecution alleges commission of offences punishable under Sections 296(b), 115(2), 118(2) and 109(1) of the Bharatiya Nyaya Sanhita, 2023 [hereinafter referred as ‘BNS’ for short].

4. The learned counsel for the petitioner argued that, now the matter has been settled and the defacto complainant filed afÏdavit supporting settlement. In the afÏdavit, it is stated that the defacto complainant has no grievance in quashing the proceedings in Crime No.558/2024 of Rajakkadu Police Station, Idukki. Therefore, all further proceedings in this crime required to be quashed in view of the settlement.

5. The learned Public Prosecutor strongly opposed quashment on the premise of settlement and submitted that in this case, the investigation is at the primitive stage. Therefore, this case could not be quashed merely on the basis of settlement, restraining prosecution from adducing evidence.

6. Since, serious offences viz. attempt to commit murder punishable under Section 109(1) of BNS and voluntarily causing grievous hurt punishable under Section 118(2) of BNS are involved among other offences, quashment sought for cannot be considered at the time of investigation as held by the Apex Court in Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466 : 2014 KHC 4195]. 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’s case (supra)

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.428 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