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Offence Under Sec. 307 IPC Can't Be Quashed On The Basis Of Settlement Between Parties

In CRIMINAL APPEAL NO. 14 OF 2019, State of Madhya Pradesh vs Kalyan Singh & Ors., appeal was filed before the Supreme Court against the order of the Madhya Pradesh High Court quashing the criminal proceedings against the original Accused which were for the offences under Sections 307, 294 read with Section 34 of the IPC, solely on the ground that the original Complainant and Accused have settled the dispute and the original Complainant does not want to prosecute the accused and, therefore, there is no change of recording conviction against the accused persons.

On appeal the Supreme Court agreeing with the State held that it is not in dispute that as per Section 20 of the Cr.PC offences under Sections 307, 294 read with Section 34 of the IPC are non­compoundable. It is also required to be noted that the allegations in the complaint for the offences under Sections 307, 294 read with Section 34 of the IPC are, as such, very serious. The court also referred to the decision of the Supreme Court in Gulab Das and Ors. V. State of M.P.  (2011) 12 SCALE 625 is required to be referred to. In the said decision, this Court has specifically observed and 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.


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