FIR with S.307 IPC Quashed by Supreme Court Based on Amicable Settlement - 2025-03-26

Supreme Court Quashes FIR Including Attempt to Murder Charge Based on Settlement

New Delhi - In a recent judgment, the Supreme Court of India has quashed a First Information Report (FIR) that included the serious charge of attempt to murder (Section 307 of the Indian Penal Code), along with other offences, based on an amicable settlement between the involved parties. The case, Balkar Singh And Another v. State Of NCT Of Delhi And Another , was heard by a bench comprising Justices Ahsanuddin Amanullah and S. V. N. Bhatti.

Background of the Case

The petition before the Supreme Court sought the quashing of FIR No.40, registered on May 25, 2018, at Police Station Sadar, District Sri Muktsar Sahib. The FIR invoked Sections 307, 323 (voluntarily causing hurt), 341 (wrongful restraint), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC). The petitioners, Balkar Singh and another, were family members of respondent no. 2, with the dispute leading to the registration of the FIR.

Arguments for Quashing

Learned counsel representing the petitioners argued that the dispute arose due to a family matter. Crucially, they submitted that with the intervention of elders and well-wishers, the parties had reached an amicable settlement outside of court.

Respondent no. 2, who appeared through counsel following a court notice, filed an affidavit confirming the settlement. The affidavit explicitly stated that the settlement was voluntary, without any coercion or undue influence, and that the respondent had no objection to the FIR being quashed. A copy of the Compromise Deed was also annexed to the affidavit as evidence of the settlement.

Court's Reasoning and Decision

The Supreme Court, after reviewing the FIR's contents and considering the nature of the offences, took note of the amicable settlement. The judgment highlighted the respondent-complainant's explicit no-objection to the FIR's quashing.

The court reasoned:

> "Taking into consideration the fact that the parties have amicably settled their dispute and the complainant-respondent no. 2 has no objection for quashing of the FIR, we are of the view that no purpose would be served in continuing with the criminal proceedings."

Drawing on this rationale, the bench found it appropriate to allow the petition.

Final Order and Implications

The Supreme Court allowed the writ petition and ordered the quashing of FIR No.40 dated 25.05.2018, registered at Police Station Sadar, District Sri Muktsar Sahib, along with all consequential proceedings.

This judgment underscores the Supreme Court's willingness to quash criminal proceedings, even those involving serious charges like Section 307 IPC, when disputes are amicably resolved, particularly in cases arising from family or personal matters where the complainant consents to the quashing. The decision reaffirms the importance of settlement in resolving certain categories of criminal cases, especially when it serves the interests of justice and peace within families and communities.

Case Details:

• Case Title: Balkar Singh And Another v. State Of NCT Of Delhi And Another
• Court: Supreme Court of India
• Bench: Justices Ahsanuddin Amanullah and S. V. N. Bhatti
• Case Number: Writ Petition (Criminal) No 177 of 2023
• Date of Judgment: November 27, 2023