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 and justice.

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, Kangra at Dharamshala, (hereinafter referred to as the ‘trial Court’), titled as ‘State of H.P. Vs Abhishek Thakur’, on the basis of the compromise, which is stated to have taken place between the petitioner and respondent No. 2.

2. The present petition has been filed by the petitioner on the ground that on 04.11.2018, on the statement of respondent No. 3, FIR in question was registered against him, in which, the police has conducted the investigation and submitted charge sheet before the learned trial Court.

3. It is his further case that during the pendency of those proceedings, matter has now been compromised with the intervention of the respectable members of the society and on the basis of compromise, a prayer for quashing of the FIR in question has been made.

4. On the basis of above facts, a prayer has been made to allow the petition, as prayed for.

5. When put to notice, police has filed the status report, disclosing therein, that on 04.11.2018, a telephonic information, from Zonal Hospital, Dharamshala, was received in Police Station Dharamshala that a person has been brought in a critical condition for treatment and asked to sent the police. Accordingly, ASI Brij Lal, alongwith other police officials reached Zonal Hospital Dharamshala to verify the situation, where injured Pankaj Kumar (respondent No. 2) was found under treatment. The Medical Officer referred the injured for further treatment to Dr. RPGMC Tanda. Thereafter, Amandeep (respondent No. 3), friend of Pankaj, who had come with him, gave his statement, under Section 154 Cr.P.C., disclosing therein, that on 03.11.2018, he and Pankaj reached Abhishek’s house at Dadi near ITI, on their bike, at around 7:30 pm. There was no other member in Abhishek Thakur’s house, except him. They had food and drinks there. At around 9:00 pm, Pankaj and Abhishek brought half a bottle of liquor and after eating and drinking, at around 11:30 pm, they started fighting over a trivial matter and arguing with each other went to the other room. After 3-4 minutes, he (respondent No. 3) on hearing the sound of breaking glass in the other room, he went to the said room. Abhishek told him that Pankaj broke the glass of the wash basin and in anger, Abhishek Thakur hit Pankaj on his stomach and left leg with the broken glass, due to which, blood started flowing. He pulled Pankaj out and called Pankaj’s younger brother and informed him about the incident, upon which, Abhishek Raghav brought a car and put Pankaj in the car and brought to Zonal Hospital for treatment. Thereafter, FIR in question has been registered and the criminal machinery swung into motion. On completion of the investigation, challan against the petitioner has been filed, which is pending adjudication, before the learned trial Court.

6. Complainant an