Attempt To Murder Charge Cannot Be Quash Merely On Settlement Between Parties: Kerala HC

The Kerala High Court refuse to quashed an FIR against a man who was charged with attempted murder in accordance with section 307 of the Indian Penal Code (IPC), despite the fact that the conflict between the accused and the de facto complainant was resolved.

A single bench of Justice A. Badharudeen was hearing two petitions filed by Sudheesh Babu.

The first petition sought to overturn the FIR that had been filed against him, while the second petition aimed to overturn the Special Court’s decision to withhold the car used in the aforementioned crime.

Appearing for the petitioner, CP Udayabhanu and Navaneeth Nath pressed for the dismissal of the FIR and further proceedings based on the settlement between parties and for release of the vehicle involved in the crime.

Despite the victim’s declaration that he had nothing against the accused, Public Prosecutor Sanal P Raj asserted that the proceedings against the accused could not be dismissed because the claimed offences were of a serious nature.

The Court stated that an FIR alleging a violation of Section 307 may only be quashed after the evidence is collected and after investigation and the charge sheet or charge frame has been submitted or made, as well as during the trial. Such FIRs cannot be dismissed while the case is still being investigated.

The court while examining whether the possibility of conviction is strong or bleak, can make a prima facie analysis based on medical records.

This includes the nature of injury sustained, whether such injury is inflicted on the vital parts of the body, nature of weapons used and so on.

In the current case, the bench observed that as the matter is still under investigation and since no final report has been filed, it is not a fit case for quashment.

The court also noted that the allegations in the case state that the man stabbed the victim after threatening him with his caste name and causing serious injuries. The court examined prosecution records and determined that the victim’s injuries were extremely serious.

Due to the above facts and circumstances, the court refused to quash the FIR and dismissed the petition.