SC: Proceedings u/s 307, 294 r/w 34 can’t be quashed on the basis of any settlement

The Hon’ble Supreme Court, on 4thJanuary 2019, in the matter of State of Madhya Pradesh v. Kalyan Singh & Ors. held that proceedings under Sections 307, 294 read with Section 34 of IPC cannot be quashed solely on the basis of any settlement between the complainant and accused as the offences under these sections are non-compoundable as per Section 320 of the Cr.P.C.

The Hon’ble Supreme Court observed that:

As per Section 320 of the Cr.PC offences under Sections 307, 294 read with Section 34 of the IPC are non­-compoundable. (Para 3.1)

Allegations for offences under Section 307, 294 read with Section 34 of IPC are of a very serious nature. (This inference has been drawn on the basis of Para 3.1)

Quashing the criminal proceedings against the original Accused for the offences under Sections 307, 294 read with Section 34 of the IPC solely on the ground that the original Complainant and the accused have settled the dispute cannot be sustained and the same deserves to be quashed and set aside. (This inference has been drawn on the basis of Para 3.1)

The Hon’ble Supreme Court relied upon its judgement in the matter of Gulab Das and Ors. V. State of M.P. [(2011) 12 SCALE 625] , wherein it was held that

Despite any settlement between the Complainant on the one hand and the accused on the other, the criminal proceedings for the offences under Section 307 of the IPC cannot be quashed, as the offence under Section 307 is a non­-compoundable offence.

Copy of judgement: Judgement 04-Jan-2019

-Tushar Kaushik

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