Case BriefsHigh Courts

Delhi High Court: Emphasizing on the gravity of seriousness of Section 307 Penal Code, 1860, Subramonium Prasad, J., observed 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.”

Present matter was in the Court for quashing an FIR registered for offences under Section 307/34 of Penal Code, 1860.

Factual Matrix

It was stated that victim was assaulted by some unknown persons and the nature of injuries was opined to be serious, for further treatment he was shifted to RML Hospital.

Since the victim was unfit for treatment, his father gave a statement wherein he stated that Hannan and petitioner were quarrelling with his son. They both were holding the victim and then stabbed him. After stabbing, they escaped from the spot.

On father’s statement, the FIR was registered for offences under Sections 307/34 IPC.

Hannan was declared as a Proclaimed Offender.

Further, the charge sheet was filed and enough material against the accused was there to proceed against him under the above-stated Sections.

Later the parties entered into a compromise and as per the compromise deed accused was to pay a sum of Rs 3,00,000 as compensation/medical charges. Accused had paid Rs 1,00,000 at the time of settlement and remaining amount would be paid at the time of quashing the FIR.

Crux

Quashing of criminal proceedings for offences under Section 307 IPC on the ground that parties had entered into a settlement.

It was noted that Supreme Court had a conflict of opinion with regard to whether an offence under Section 307 IPC could be quashed by the High Court while exercising power under Section 482 CrPC.

In the decision of State of Rajasthan v. Shambhu Kewat, (2104) 4 SCC 149, it was held that an offence under Section 307 IPC is a serious offence and ordinarily should not be quashed by the High Court while exercising its powers under Section 482 CrPC on the ground that the parties have settled their disputes.

Further, Supreme Court in the decision of Narinder Singh v. State of Punjab, (2014) 6 SCC 466 had quashed the proceedings under Section 307 IPC after noting the judgment in State of Rajasthan v. Shambhu Kewat, (2104) 4 SCC 149.

In view of the conflict of opinion in the above two decisions, matter was referred to a larger bench of Supreme Court in State of M.P. v. Laxmi Narayan, (2019) 5 SCC 688, wherein it was observed that,

“…It would be open to the High Court to examine as to whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under Section 307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delicate parts of the body, nature of weapons used, etc. However, such an exercise by the High Court would be permissible only after the evidence is collected after investigation and the charge-sheet is filed/charge is framed and/or during the trial. Such exercise is not permissible when the matter is still under investigation. Therefore, the ultimate conclusion in paras 29.6 and 29.7 of the decision of this Court in Narinder Singh [Narinder Singh v. State of Punjab, (2014) 6 SCC 466 : (2014) 3 SCC (Cri) 54] should be read harmoniously and to be read as a whole and in the circumstances stated hereinabove”

 (emphasis supplied)

In the above decision, Court also stated that the powers conferred on the High Court under Section 482 CrPC can be exercised keeping in mind the injuries sustained, whether such injury is inflicted on the vital/delicate parts of the body, nature of weapons used etc.

High Court stated that in view of the above decision of the Supreme Court, it can be seen that the fight involved in the present matter was not an ordinary fight between the neighbors, infact petitioners should be thankful that they are not facing trial in a case of murder because in ordinary circumstances the injuries inflicted by the petitioners were sufficient to cause death.

Victim was stabbed with a dangerous weapon i.e. a knife and the injuries caused were of such nature that they would have caused death in ordinary circumstances.

Hence, Court declined to quash the FIR solely on the ground that the parties entered into a compromise. [Mukhtiyaar Ali v. State (NCT of Delhi), 2021 SCC OnLine Del 4428 , decided on 20-09-2021]


Advocates before the Court

For the Petitioners: Rishipal Singh, Advocate with petitioners in person

For the respondents: Meenakshi Chauhan, APP for the State with ASI Naresh, PS Jaffrabad Complainants in person

Case BriefsHigh Courts

Rajasthan High Court: A Division Bench of Sandeep Mehta and Abhay Chaturvedi, JJ. partly allowed a criminal appeal wherein they reduced the sentences of the accused-applicant due to lack of evidences produced by the prosecution.

In the present case, the accused-applicant was charged under Sections 307 and 326 of the Indian Penal Code, 1860 in an order passed by the learned trial court. The learned trial court passed a strict sentence under the aforementioned provisions. It was alleged that the accused-applicant had indulged in looting and scandalizing the informant’s shop. The informant had lodged a report of the incident to the police. Thereafter, accused-applicant, armed with an acid bottle, assaulted the informant and his son by throwing acid on them. The incident left both the informant and his son with severe burns on their body. On the basis of the report, an FIR was registered by the police station for the offences under Section 323 and 326-A IPC. During the proceedings in the trial court, the accused-applicant had provided a different set of facts. He presented that the accused applicant had visited the shop to purchase some groceries and upon not being able to pay the full amount the informant was furious. While passing by their shop, the accused-applicant was accosted and beaten up with an acid bottle. However, the trial court upon perusal of the evidences and medical report placed on record, framed charges against the accused-applicant for the above offences.

Anand Purohit, Senior Advocate, assisted by Kapil Purohit representing the accused-applicant, challenged the trial court order and stated that the facts presented by the prosecution were incorrect. The Senior Advocate, without challenging the fact that the accused-applicant had caused the injuries, submitted that due to the incident occurring at the spur of the moment and not being pre-mediated, the Court should reduce the sentences awarded by the trial court.

Public Prosecutor representing the Respondents, N.S. Bhati, claimed that the accused-applicant was merely a drug addict hence such an act was expected from him. Adding to that, he had troubled the respondents twice on that fateful day. He, therefore, stated that the impugned judgment is just and legal and does not deserve any sort of interference.

The High Court noted the fact that the accused-applicant did not challenge the fact that the acid-attack was perpetrated by him. However, the court also put forth that there was no police report by the injured party about the incident of looting thus there was a falsification of facts however it considered the medical report proving the injuries to be caused by acid. There was also a medical report proving the accused-applicant bearing a hole in his heart thereby mitigating the circumstances of causing an attack on others and thus, the Court felt the sentences passed by the trial court needs to be revisited. The High Court awarded a sentence of 10 years of rigorous imprisonment to the accused-applicant in light of the above facts.[Mohd. Rizwan v. State, D.B. Criminal Appeal No. 967 of 2017, decided on 29-07-2019]

Punjab and Haryana High Court
Case BriefsHigh Courts

Punjab and Haryana High Court: This petition was filed before the Bench of Daya Chaudhary, J., under Section 439 of Criminal Procedure Code for grant of regular bail where FIR was registered under Sections 324, 323, 342, 148, 149, 302 and 365 of Penal Code.

It was submitted by the petitioner that he was falsely implicated in the case where he was not involved in the commission of the alleged offence. The complainant and the eyewitnesses were examined and they did not support the case of the prosecution. Even the post mortem report did not suggest anything which could prove the involvement of the petitioner in the alleged commission of offence. Arguments were advanced stating that the deceased died after he was found in a good condition and discharged from hospital. The fact cannot be ignored that co-petitioner was already released on bail. Whereas respondent contended that petitioner was the main accused thus, should not be released on bail.

High Court was of the view that the bail should be granted and this petition was allowed as the death of the deceased cannot be said to be a result of injuries received by petitioner. [Gursewak Singh v. State of Punjab, 2019 SCC OnLine P&H 415, dated 22-04-2019]

Jammu and Kashmir and Ladakh High Court
Case BriefsHigh Courts

Jammu & Kashmir High Court: A Single Judge Bench of Sanjay Kumar Gupta, J., dismissed a petition filed under Section 561-A of the Jammu & Kashmir Criminal Procedure Code, 1889 (CrPC), whereby the order of framing of charge passed by the Additional Sessions Judge, Jammu, was challenged.

The respondent/complainant was traveling in his car along with his family members when petitioners in their car and a bike started following the respondent’s car. The petitioners were sometimes coming in front of the respondent’s car and sometimes behind it. On enquiring about the actions of petitioners, the respondent and his wife were beaten by the petitioners with a baseball stick. The respondent cried for help and some passerby intervened and the petitioner fled away from the scene thereafter.

The main issue that arose before the Court was whether the order of the ASJ suffered from any sort of legal infirmities.

The Court observed that according to the reports of the doctor, the injuries received by petitioner and his wife were not grievous in nature, however, non-seriousness of injuries should not be a criterion for framing charges against the accused. Factors such as place of injury; the intentions of accused at the time of inflicting the injuries, weapon of offence with which injuries are caused and other circumstances of the case must be kept in mind while framing the charges. The Court observed that in the instant case, the petitioners dragged the respondents out of their car and started beating them, it was only after the respondent started making hue and cry, some pedestrians gathered and saved the respondent and his wife. Had some person not come on spot, respondent and his wife would have been killed by the accused persons.

The Court held that considering the totality of facts and circumstances of the case, the ASJ did not commit any error while framing charges against the accused under Sections 307, 504 and 506 of the Ranbir Penal Code. Resultantly, the petition was dismissed.[Babloo Kumar v. State of J&K,2018 SCC OnLine J&K 834, order dated 16-11-2018]