Attempt to murder cases can sometimes be quashed on basis of settlement: Kerala High Court

The Kerala High Court recently held that courts can quash attempt to murder cases on the basis of a settlement between parties in some circumstances [Arshad v. State of Kerala & Anr.]..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 a non-compoundable offence which means prosecution against the accused generally cannot be dropped merely because the accused and the victim have arrived at a compromise or settlement. However, based on the principles governing compounding of non-compoundable offences as discussed by the Supreme Court in Madhya Pradesh v. Laxmi Narayan & Ors. Justice A Badharudeen observed that settlement of attempt to murder cases can be considered. However, this can be done only after the final report is filed and only if the prosecution materials, including the nature of injuries, do not suggest the commission of the offence. "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", the Court held..The order was passed on a case where one Arshad was accused of attempting to murder a woman with whom he was in a relationship. The specific allegation was that when the relationship went awry, he stabbed the woman with a knife on her shoulder while saying "I will kill you."He was subsequently charged under various Sections of the Indian Penal Code (IPC) including Section 307 which punishes an attempt to murder.He moved the High Court seeking to quash the case on the ground that the matter had been amicably settled between him and the woman. The woman also told the High Court that she had no intention to proceed any further in the matter. While the Public Prosecutor acknowledged the fact that the parties had arrived at a settlement, he opposed the plea to quash the case as attempt to murder is a non-compoundable offence. .However, the High Court observed that when a settlement has been reached between the accused and the victim, in certain circumstances, even attempt to murder cases can be quashed. In this case, the Court noted that medical reports did not suggest that the woman had been injured in any vital area of the body. The Court concluded that the allegation that Arshad attempted to murder the woman was prima facie not substantiated and proceeded to quash the case against him."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 order stated. .Arshad was represented by advocate K Reeha Khader.The complainant-woman was represented by advocate N Jishine Babu. Senior Public Prosecutor Renjith George appeared for the State. .[Read Order]