NEW DELHI: Criminal law attempts to regulate the conduct of individuals within the society and a crime cannot be "expunged" by payment of compensation, the Delhi High Court has said while quashing an FIR for attempt to murder on the basis of compromise. Said while refusing to cancel. between the parties.
Justice Anoop Kumar Mendiratta rejected the plea of the accused persons saying that the objective is to ensure that a serious offense like Section 30 (attempt to murder) of the Indian Penal Code (IPC) is not repeated and to deter more criminal acts by compromise. Not promote or endanger the welfare of society at large.
"In the present case, there was a knife attack on the vital part of the body of respondent No. 3 by the petitioners over a trivial matter. Merely because respondent No. 3 was compensated on the settlement, it cannot be a sufficient ground for proceedings. Cancelling,” the court said in an order passed earlier this month.
The court said, “It needs to be borne in mind that criminal law is designed to achieve social control and regulate the conduct of individuals within the society.Crime cannot be eradicated merely because of payment of compensation."
Without accepting the allegations on merits, the petitioners sought quashing of the FIR lodged in 2019 on the ground that the matter has been settled amicably between them and the victim, who has been compensated.
The State opposed the petition on the ground that over a trivial matter the petitioners caused multiple knife injuries to the vital organs of the injured.
In the order, the court said its powers to quash cases should be used cautiously for serious crimes like heinous and mental depravity or crimes like murder, rape and dacoity as these have a serious impact on the society.
It said that the offense under Section 307 of the IPC is considered a heinous and serious crime because it is considered an offense against the society in general and not against the individual alone.
Justice Anoop Kumar Mendiratta rejected the plea of the accused persons saying that the objective is to ensure that a serious offense like Section 30 (attempt to murder) of the Indian Penal Code (IPC) is not repeated and to deter more criminal acts by compromise. Not promote or endanger the welfare of society at large.
"In the present case, there was a knife attack on the vital part of the body of respondent No. 3 by the petitioners over a trivial matter. Merely because respondent No. 3 was compensated on the settlement, it cannot be a sufficient ground for proceedings. Cancelling,” the court said in an order passed earlier this month.
The court said, “It needs to be borne in mind that criminal law is designed to achieve social control and regulate the conduct of individuals within the society.Crime cannot be eradicated merely because of payment of compensation."
Without accepting the allegations on merits, the petitioners sought quashing of the FIR lodged in 2019 on the ground that the matter has been settled amicably between them and the victim, who has been compensated.
The State opposed the petition on the ground that over a trivial matter the petitioners caused multiple knife injuries to the vital organs of the injured.
In the order, the court said its powers to quash cases should be used cautiously for serious crimes like heinous and mental depravity or crimes like murder, rape and dacoity as these have a serious impact on the society.
It said that the offense under Section 307 of the IPC is considered a heinous and serious crime because it is considered an offense against the society in general and not against the individual alone.
