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Patna High Court

Indal Yadav @ Indar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that, given the circumstances and the parties' willingness to settle, the trial should be stayed and the matter referred to mediation, with interim protection and bail to the petitioner.

Summary

Indal Yadav sought protection from arrest in a criminal case (PS No.198/2025) alleging assault with intent to kill the informant and his family. Both parties, who are neighbours, expressed a desire to settle the dispute amicably and referred to the Apex Court’s decision in Naushey Ali (2025). The High Court examined the seriousness of the alleged offences, particularly Section 307 IPC, and concluded that the facts did not substantiate an attempt‑to‑murder charge. Accordingly, the Court ordered the parties to appear before the District Court and be referred to the District Mediation Centre, granting interim protection and pre‑arrest bail to the petitioner pending mediation. The Court further directed that if settlement is achieved, the criminal cases be withdrawn, and otherwise appropriate remedies may be pursued.

Issues considered

  • Whether the criminal proceedings for offences including attempt to murder can be stayed in view of an amicable settlement between the parties.
  • Whether the nature of injuries and weapons used disqualify the case from falling under Section 307 IPC.
  • Whether interim protection and pre‑arrest bail can be granted pending mediation.

Legislation cited

  • Indian Penal Code — s. 109, 115(2), 117(2), 126(2), 149, 190, 191(2), 191(3), 307, 326, 351(2), 352

Subjects

  • amicable settlement
  • mediation
  • pre‑arrest bail
  • attempt to murder
  • Section 307 IPC
  • Section 149 IPC
  • Section 326 IPC
  • alternative dispute resolution
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13069 of 2026
                   Arising Out of PS. Case No.-198 Year-2025 Thana- Nawalpur District- West Champaran
                 ======================================================
                 Indal Yadav @ Indar Yadav S/o Late Ramnarayan Yadav Resident of Vill-
                 Dudhiawa, P.S.- Nawalpur, Dist- West Champaran

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sanjeev Kumar, Advocate.
                 For the Opposite Party/s :        Mr.Brajendra Nath Pandey, APP.
                 For the Informant        :        Mr. Umesh Kumar Gupta, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   28-04-2026                      Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in connection

                   with Nawalpur P.S. Case No. 198 of 2025 registered under

                   Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 117(2), 352

                   and 351(2) of the BNS.

                                3. As per the allegation made in the FIR, all the

                   accused persons including the petitioner with an intention to kill

                   assaulted the informant and his family members causing injuries

                   to them.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is innocent and he has

                   falsely been implicated in the present case. Learned counsel
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          submitted that both the parties are neighbour and now good

          sense has prevailed between them and to buy peace of mind all

          the time, the petitioner wants to settle the dispute amicably

          outside the Court in light of the law laid down by the Apex

          Court in the case of Naushey Ali & Ors. Vs. State of Uttar

          Pradesh & Anr. reported in (2025) 4 SCC 78.

                       5. Learned counsel appearing on behalf of the

          informant and learned APP for the State submitted that a chance

          be given to the parties for amicable settlement outside the court.

                       6. Learned counsel appearing on behalf of the parties,

          on instructions, submitted that the parties have agreed to appear

          before the learned District Court at 10:30 A.M. on or before

          15.05.2026.

                       7. Heard the parties

                       8. Having considered the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR, I am of the opinion that an opportunity is

          required to be given to the parties to settle their score amicably

          outside the Court.

                          9. In this regard, I find it apt to take note of the

          observation made by the Apex Court recently in case of

          Naushey Ali (supra), in paragraph nos. 11 to 20, which are
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          reproduced hereinafter:

                                                “11. Before we apply this judgment to
                                  the facts, it will be worthwhile to recall the
                                  observations of Sikri, J. in Narinder Singh
                                  (supra):-
                                  "26. Having said so, we would hasten to add that
                                  though it is a serious offence as the accused
                                  person(s) attempted to take the life of another
                                  person/victim, at the same time the court cannot be
                                  oblivious to hard realities that many times whenever
                                  there is a quarrel between the parties leading to
                                  physical commotion and sustaining of injury by
                                  either or both the parties, there is a tendency to give
                                  it a slant of an offence under Section 307 IPC as
                                  well..."
                                                                   (Emphasis supplied)
                                  12. Coming back to Laxmi Narayan (supra), this
                                  Court has held that mere mention of Section 307
                                  IPC in the FIR or the charge-sheet should not be the
                                  basis for adopting a hands-off approach. It has
                                  further held that it would be open for the court to
                                  examine as to whether incorporation of Section 307
                                  IPC is there for the sake of it or whether there is
                                  evidence to back it. It has been held that the courts
                                  may go by the nature of injuries sustained; as to
                                  whether the injuries are inflicted on the vital/
                                  delicate parts of the body and the nature of weapon
                                  used. It has also been clarified that such an exercise
                                  would be permissible after investigation and filing
                                  of chargesheet/framing of charges or during the
                                  trial. [See 15.4 of Laxmi Narayan (supra)].
                                  13. Coming to the facts of the case, admittedly, there
                                  is a settlement between the parties. The case filed by
                                  the appellants' party which was prior in point of
                                  time and that too on the same day of occurrence,
                                  has been settled.
                                  14. It should be recalled that, at the outset, after
                                  investigation, the police actually closed the case in
                                  its final report of 07.09.1991. It was the trial Court,
                                  which by its order of 05.09.1992, refused to accept
                                  the same and summoned the appellants. The
                                  incident is of 11.08.1991, i.e. about 33½ years back.
                                  No doubt, there is a reference to the firing in the FIR
                                  but admittedly there was no injury. The allegation is
                                  that firing was done by Abdul Waris. He is since
                                  deceased. The facts, assuming to be true, also do not
                                  make out a case of common object for the appellants
                                  under Section 149 IPC insofar as the offence of
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                                  Section 307 is concerned.
                                  15. The role attributed to the seven members,
                                  including the five appellants is not specific. General
                                  allegation was that they abused in filthy language
                                  and assaulted Mahmood with lathi and iron bars.
                                  The specific individual role was only attributed to
                                  Adbul Waris, who is since deceased.
                                  16. In any event, the police who investigated
                                  disbelieved the entire story. No recoveries have been
                                  made of any pellets. What engaged the attention of
                                  the High Court was only the fracture of the head of
                                  the distal phalanx of left finger of respondent No.2.
                                  17. We have seen the injuries sustained by
                                  Mahmood (R-2) from the medical evidence
                                  collected. From the injury report, it is clear that
                                  while the first four injuries were contusions and
                                  abrasions, injury Nos. 5, 6 and 7 pertained to
                                  incised lacerated wound and swelling on the middle
                                  finger of the left hand. We have also seen the x-ray
                                  report which shows that in the left hand there was a
                                  fracture of the head of distal phalanx of left ring
                                  finger. Assuming that this was the result of injury
                                  with lathis or iron bar, applying the test in Laxmi
                                  Narayan (supra), considering the injury and the
                                  nature of the weapon used, certainly no offence
                                  under Section 307 IPC is made out.
                                  18. Section 307 of IPC reads as under:-
                                  "307. Attempt to murder.-
                                  Whoever does any act with such intention or
                                  knowledge, and under such circumstances that, if he
                                  by that act caused death, he would be guilty of
                                  murder, shall be punished with imprisonment of
                                  either description for a term which may extend to
                                  ten years, and shall also be liable to fine; and if hurt
                                  is caused to any person by such act, the offender
                                  shall be liable either to imprisonment for life, or to
                                  such punishment as is hereinbefore mentioned.
                                  Attempts by life convicts.- When any person
                                  offending under this section is under sentence of
                                  imprisonment for life, he may, if hurt is caused, be
                                  punished with death."
                                  19. Keeping in mind the surrounding circumstances,
                                  the nature of the weapon and the nature of the
                                  injury, on facts, we are inclined to conclude that the
                                  overt act attributed to the appellants does not bring
                                  the case within the four corners of the Section 307
                                  of IPC, either on a stand-alone basis or as held
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                                  above with the aid of Section 149 of IPC.
                                  20. We are also inclined to conclude that
                                  considering the overall circumstances, the nature of
                                  the weapon and the nature of the injury (fracture of
                                  the head of distal phalanx of left ring finger), the
                                  offence alleged, on facts, does not fall in that
                                  category of cases where the court should deny relief
                                  in the event of a settlement. At the highest, the
                                  offence alleged could be one under Section 326 of
                                  IPC. It could not be said, on facts, considering all
                                  the circumstances that this is a crime which has
                                  such an harmful effect on the public and that it has
                                  the effect of seriously threatening the well-being of
                                  the society. We make it clear that we are saying so
                                  on the facts of the present case. We are also firmly of
                                  the opinion that proceeding with the trial, when
                                  parties have amicably resolved the dispute in the
                                  present case, would be futile and the ends of justice
                                  require that the settlement be given effect to by
                                  quashing the proceedings. It would be a grave abuse
                                  of process to let this trial remain pending under the
                                  above circumstances, particularly when the dispute
                                  is settled and resolved.”



                       10. Both the parties have willingly desired to appear

          before the learned District Court on or before 15.05.2026, so

          that the matter can be referred to the District Mediation Centre.

                       11. Learned District Court is directed to take

          necessary steps to refer the matter before the learned Mediator

          of the District Mediation Center by fixing a date for appearance

          of the parties to give effect to “Mediation for the Nation 2.0”.

                       12. Learned Mediator of the District Mediation Center

          concerned, upon appearance of the parties, shall make his/her

          best efforts to settle the dispute amicably and thereafter submit

          his/her report before the concerned learned District Court, well
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          within a period of three months, till then, no coercive action

          shall be taken against the petitioner in connection with the

          aforesaid case.

                       13. In case, the parties resolve their dispute amicably

          or arrive at a mutual settlement, in light of the law laid down by

          the Apex Court, the petitioner is required to be released on pre-

          arrest bail on such terms and conditions as the learned District

          Court deems it fit and proper.

                       14. In case of failure on the part of the petitioner to

          appear on or before 15.05.2026 before the learned District Court

          or any date fixed by the learned Mediator, the interim protection

          granted to the petitioner shall automatically lose its force.

                       15.    In case, it is deliberate on the part of the

          informant to reconcile, then in that case, the interim protection

          granted to the petitioner shall continue and the trial shall

          proceed in accordance with law.

                       16. In case, the parties fail to reconcile, then in that

          case, parties may avail appropriate remedy. Then also, petitioner

          is directed to be released on pre-arrest bail on such terms and

          conditions as the learned District Court deems it fit and proper.

                       17. If both the parties arrive at amicable settlement,

          then they must withdraw the criminal cases, if any, which they
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                     have lodged against each other.

                                  18.    With aforesaid direction and observation, the

                     present application stands disposed of.

                                  19. Let a copy of this order be communicated to the

                     Member Secretary, Bihar State Legal Services Authority and the

                     Patna High Court Mediation Centre for the purpose of record.


                                                             (Purnendu Singh, J)

mantreshwar/-

U      T


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