‘Can’t quash heinous criminal cases despite victim-offender settlement’

Soumyadip Mullick, MP, 9 May 2025, Kolkata: Observing that criminal cases involving corruption and ones that are heinous in nature, cannot be quashed even if the victim has settled the dispute with the offender, Calcutta High Court quashed a case where a man was convicted for injuring the victim but the two later amicably resolved the dispute. 

The bench of Justice Ajay Kumar Gupta observed: “Offences that are heinous in nature and involved mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim’s family and the offender have settled the dispute.” “Such offences are not private in nature and have a serious impact on society. 

Similarly, any compromise between the victim and the offender in relation to the offences under special statutes like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity, etc. cannot provide for any basis for quashing criminal proceedings involving such offences,” the court observed. 

The bench was moved by the appellant (petitioner) challenging his conviction under Sections 324/34 of the IPC. The appellant was accused of physically assaulting the de-facto complainant, along with a few others, and causing bleeding injury with a razor. 

The petitioner’s counsel argued that the petitioner was falsely implicated and that the de-facto complainant had reconciled with the petitioner, expressing desire not to pursue the case. Both parties filed a joint compromise application. 

The de-facto complainant’s counsel confirmed that the accused and the victim are distant relatives and settled their dispute. The compromise application is being supported since the petitioner is the sole breadwinner of his family and is a daily labourer. 

The court noted that the offence was personal in nature and injuries sustained were not severe. The petitioner had no criminal record. The settlement would not affect the administration of justice. Thus, the criminal proceedings were quashed and the petitioner was deemed acquitted of all charges. 

https://www.millenniumpost.in/bengal/mamata-warns-against-hoarding-essential-goods-amidst-indo-pak-tension-609925