The Kerala High Court recently ruled that, under certain circumstances, courts may quash attempt to murder cases if the parties involved have reached a settlement
Attempt to murder, which is punishable under Section 307 of the Indian Penal Code (now replaced by Section 109 of the Bharatiya Nyaya Sanhita, 2023), is classified as a non-compoundable offence, meaning that generally, prosecution cannot be dropped merely because the accused and the victim have settled the matter. However, the High Court, following the principles established by the Supreme Court in Madhya Pradesh v. Laxmi Narayan & Ors., stated that settlements in cases of attempted murder could be considered.
Justice A. Badharudeen, while considerign the matter, clarified that such a settlement can be considered only after the final report has been filed and if the evidence—particularly the nature of the injuries—does not suggest that a serious offence has been committed.
The Court noted, "That is to say, when the courts, while taking a call as to whether compromise in such cases should be effected or not, the Court should go by the nature of injuries sustained, the part of the body where the injuries were inflicted with specific attention to see whether the injuries caused are on the vital/delicate parts of the body and the nature of weapons used etc. On that basis, if it is found that there is a strong possibility of proving the charge under Section 307 IPC, once the evidence to that effect is led and injuries proved, the Court should not accept settlement between the parties. On the other hand, on the basis of prima facie assessment of the aforesaid circumstances, if the Court forms an opinion that offence punishable under Section 307 IPC was unnecessary included in the charge sheet, the Court can accept the plea of compounding of the offence based on settlement between the parties."
This order was passed in a case where Arshad, the accused, was charged with attempting to murder a woman with whom he was in a relationship. The specific allegation was that after the relationship soured, he attacked her with a knife, stabbing her on the shoulder while stating, "I will kill you." He was charged under several provisions of the Indian Penal Code, including Section 307, which deals with attempted murder.
Arshad moved the High Court, requesting that the case be quashed, as he and the woman had amicably settled the matter. The woman also informed the Court that she no longer wished to proceed with the case. Despite the Public Prosecutor acknowledging the settlement, he opposed the petition to quash the case, citing the non-compoundable nature of the offence.
The Court, however, observed that when a settlement has been reached between the accused and the victim, in certain circumstances, even an attempt to murder case can be quashed. The Court took into account the fact that medical reports did not indicate any injury to the woman’s vital body parts.
After considering the evidence, the Court concluded that the charge of attempted murder was not prima facie substantiated and, accordingly, quashed the case against Arshad. "Therefore, I am inclined to allow the prayer for quashment at the instance of the petitioner, on the strength of settlement, where the injured person supported settlement," the Court stated in its order.
