Attempt to murder using dangerous weapons can’t be settled by the parties: HC

The Bombay High Court upheld cross FIRs for attempt to murder against 18 family members, citing serious weapon use despite a settlement between parties.

MUMBAI: The Nagpur bench of the Bombay High Court has refused to quash cross FIRs invoking the charge of attempt to murder against 18 members of two related families, despite both sides informing the court that they had amicably settled their dispute. The bench noted that the allegations involved the use of dangerous weapons, making it a serious offence that cannot be wiped away merely due to compromise.

Attempt to murder using dangerous weapons can’t be settled by the parties: HC

The accused in both matters had sought quashing of the FIRs on the grounds that the incident dates back to 2015 and that several of them are now over 70 years old. They submitted that both families, being related, had resolved the issue and that complainants in both cases had filed affidavits stating they had no objection to quashing the cases.

However, a division bench of justices Urmila Joshi-Phalke and Nandesh Deshpande declined to interfere, noting that weapons such as swords, knives and kukris (short sword) had allegedly been used during the clash. The court highlighted that these weapons were recovered at the instance of some of the accused, witnesses had confirmed their use, and medical evidence supported the prosecution’s claims.

The bench observed that the Supreme Court has repeatedly held that the power to quash criminal proceedings must be exercised sparingly, particularly in cases involving serious offences. Attempt to murder under section 307 of the IPC, the judges said, falls in this category.

“Only because the matter has been settled between the parties, it would not be proper to quash the First Information Report and the consequent charge-sheets,” the court noted. While acknowledging that the High Court has inherent jurisdiction under section 482 of the CrPC, it said the recovery and alleged use of dangerous weapons made it inappropriate to exercise such powers in this case.