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A compromise between parties cannot be cited to quash cases involving heinous and serious crimes stated the Bombay High Court, for this will make the public lose faith in the judicial system of the country. The case which came before the Bombay High Court was that, a fight that broke out between two groups. The Court found that the tussle involved the use of lethal weapons such as swords, knives and iron rods, leading to serious injuries and hospitalization of persons. Subsequently, a criminal complaint lodged in the matter recorded charges under Section 307 (attempt to murder) and Section 326 (causing grievous hurt) of the Indian Penal Code (IPC) being registered, among other allied charges. Both groups alleged that they had been provoked into the fight by the other.During the course of the investigation, both sides arrived at a compromise, in furtherance of which they approached the Court to quash the proceedings.
However, the Court took the view that where a case involves offences which affect the society at large, the criminal charges cannot be quashed by merely citing a compromise between the parties. It proceeded to highlight that Section 307 IPC has been recognized as a serious and heinous offence in a number of cases. The Court concluded that the case could not be reduced to private offences. Therefore, the plea for quashing the criminal case on grounds of a compromise was dismissed.
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