‘Compensation to victim can’t wipe off crime’

◗ ‘IT NEEDS to be kept in perspective that criminal law is designed for achieving social control and regulate the conduct of individuals within society’, court said

Criminal law seeks to regulate the conduct of individuals within the society and a crime cannot be “wiped off” by payment of compensation, the Delhi high court said while refusing to quash an FIR for an attempt to murder on the basis of a settlement between the parties.

Justice Anoop Kumar Mendiratta dismissed the petition by the accused persons, asserting that the object is to ensure that a serious offence like Section 307 (attempt to murder) of the IPC is not repeated and a settlement does not encourage more criminal acts or endanger the welfare of society at large.

In its order, the court said, “In the present case, stab injuries were inflicted by the petitioners on the vital parts of the body of respondent no. 3 over a minor issue. Merely because respondent no. 3 may have been compensated on settlement may not be a sufficient ground for quashing the proceedings.”

The court said, “It needs to be kept in perspective that criminal law is designed for achieving social control and regulating the conduct of individuals within the society. Crime cannot be said to be wiped off merely because of payment of compensation.”

The petitioners, without admission of allegations on merits, sought to quash the FIR registered in 2019 on the grounds that the matter has been amicably settled between them and the victim who has been compensated.

The state opposed the plea on the ground that several stab injuries were inflicted by the petitioners on the vital parts of the injured over a minor issue.

In the order, the court said its powers for quashing cases should be carefully exercised for heinous and serious offences of mental depravity or offences like murder, rape, and dacoity as these have serious impacts on society.

It stated that an offence under IPC Section 307 is regarded as a heinous and serious offence because it is generally treated as a crime against society and not the individual alone.