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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Abhishek Thakur – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. fir under sections 307/201 ipc for injuries in drunken scuffle. (Para 1 , 2 , 3 , 4 , 5) |
| 2. parties affirm voluntary post-incident compromise. (Para 6 , 7 , 8) |
| 3. counsel argue quashing versus oppose due to s307 gravity. (Para 9 , 10 , 11) |
| 4. laxmi narayan permits quashing s307 if conviction remote. (Para 12 , 13) |
| 5. non-vital injury, genuine compromise justify pre-trial quashing. (Para 14 , 15 , 16) |
| 6. quashing promotes harmony, prevents process abuse, conserves time. (Para 17 , 18) |
| 7. fir and proceedings quashed accepting compromise deed. (Para 19 , 20 , 21) |
JUDGMENT :
VIRENDER SINGH, J.
1. Petitioner-Abhishek Thakur has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for quashing of FIR No. 213/2018, dated 04.11.2018, (hereinafter referred to as ‘FIR in question’) registered under Sections 307 and 201 of Indian Penal Code (hereinafter referred to as the ‘IPC’) with Police Station Dharamshala, District Kangra, H.P., as well as, the proceedings resultant thereto, bearing Sessions Trial No. 62 of 2020, which are stated to be pending before the Court of learned Additional Sessions Judge-II,
High Court can quash FIR under Section 307 IPC on genuine compromise if injuries non-vital, incident spur of moment without intent to kill, prosecution evidence incomplete, promoting social harmony a....
The main legal point established in the judgment is that offences under Section 307 IPC are to be treated as crimes against society and not against an individual alone, and the power to quash an FIR ....
FIR under Section 307 IPC not quashable on compromise if charge-sheet evidences grievous life-endangering injuries from deadly weapons, establishing prima facie heinous offence against society.
Quashing FIRs under Section 482 Cr.P.C. for non-compoundable offences like Section 307 IPC is discretionary and requires a balance between justice for the individual and societal interests.
Criminal Law – Offence of Attempt to Murder – Sought for quash of FIR – Amicable Settlement between parties - Criminal proceedings for offence under Section 307 IPC and/or the Arms Act, etc. which ha....
The Court's decision was based on the principle that the inherent power of the High Court under Section 482 CrPC can be exercised to prevent abuse of the process of any court or to secure the ends of....
The voluntary nature of settlement, absence of impact on public peace, and the reformatory nature of criminal jurisprudence justified the quashing of the FIR and all subsequent proceedings.
Criminal Law – Quash of Criminal proceedings - Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 o....
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