if section 307 case is hearing on session court . I want to know that is possible to compromise in session court or applied to High court for compromise which is right
directions to go
To answer your question, it is not possible to settle for compromise under Section 307 of IPC whether you apply for it in Session court or in High court.
Offences under section 307 of IPC that is attempt to murder are very serious offences and non-compoundable in nature which means the parties cannot compromise and the charges cannot be quashed even if there is a settlement between the parties.
To support the same, there are some judgements as well;
- The Apex Court( Supreme court) in the very latest landmark case of State of Madhya Pradesh V. Kalyan Singh, Criminal appeal no.14 of 2019 clearly held that, offences under section 307 of IPC cannot be quashed even when there is any settlement between the complainant and the accused, as it is a non-compoundable offence.
- Also in the case of Gulab Das and Ors. V. State of M.P, 2011 the court firmly held that, despite any settlement between the complainant on the one hand and the accused on the other, the criminal proceedings for the offence under section 307 of IPC cannot be quashed, as the offence under this section is a non-compoundable offence.
So, your appeal for the compromise will not be entertained whether you go to a Session court or a High court.
