Bhopal: SC sets aside MP-HC order, says court erred in judgment

Bhopal: The Supreme Court, setting aside Madhya Pradesh High Court’s order noted that the court erred in its judgment by quashing the proceedings in attempt to murder on the ground that the complainant and accused have settled the dispute. The court observed that such cases cannot be quashed even when there is any settlement between the two parties, as it is a non-compoundable offence.

Supreme Court observed, “We are of the opinion that Madhya Pradesh High Court has committed a grave error in quashing the criminal proceedings 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.”

The Court, therefore, set aside the High Court’s order and allowed the appeal thereby paving the way for the criminal proceedings to continue in accordance with the law. In State of Madhya Pradesh v. Kalyan Singh, the bench comprising Justice DY Chandrachud and Justice MR Shah were considering appeal filed by the state against the High Court order quashing criminal proceedings pending against the present accused under Sections 307, 294 read Section 34 of the IPC.

The High Court, in the exercise of its jurisdiction under Section 482 of the Code of Criminal Procedure (CrPC) quashed the proceedings on the sole ground that the complainant does not wish to prosecute further since the dispute stands settled.
The same was opposed by the State before the High Court and aggrieved by the said judgment, the State approached the Supreme Court.

Taking note of the criminal background of the accused, the bench said: “Looking to the serious allegations against the accused, we are of the opinion that the High Court has committed a grave error in quashing the criminal proceedings 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.”

Madhya Pradesh High Court exercising power under Section 482 of CrPC had quashed attempt to murder (307 of IPC). Birbal Sharma (one of complainant) had filed petition in attempt to murder registered with Maharajpur police station, Gwalior in 2013.

Accused had filed bail application which was rejected by district and sessions court. Then accused approached High Court to get attempt to murder quashed under Section 482 CrPC on ground that accused and complainant settled the dispute. Original complaint had filed affidavit that he had no objection in dropping criminal proceedings.

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