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SC rules against out-of-court settlement in criminal cases
Legal Correspondent

New Delhi, November 30
The Supreme Court has cautioned the high courts against allowing out-of-court settlements in criminal cases as this would promote crimes and pose a grave threat to society.

“Criminal justice system has a larger objective to achieve, that is safety and protection of the people at large. Sentencing would be a lesson not only to the offender, but to the individuals at large so that such crimes would not be committed by any one and money would not be a substitute for the crime committed against the society,” a Bench comprising Justices KS Radhakrishnan and AK Sikri held. The Bench gave the ruling while setting aside a Rajasthan High Court verdict letting off two persons charged with attempt to murder under Section 307 IPC read with Section 34 IPC.

The HC had ruled that since the parties had buried the differences and the offence committed was “against an individual,” and not against the state, no fruitful purpose would be served by keeping the accused persons behind the bars. The HC allowed the case to be settled out of court, prompting the Rajasthan Government to come to the SC in appeal.

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