Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Navin Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Petitioner 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.135/2021, dated 27.07.2021 (hereinafter referred to as the FIR, in question), registered with Police Station Sadar, District Bilaspur, H.P., under Sections 279 and 337 of the Indian Penal Code (hereinafter referred to as the ‘IPC’), as well as, the proceedings resultant thereto, which are stated to be pending before the Court of learned Chief Judicial Magistrate, Bilaspur, H.P. (hereinafter referred to as the ‘trial Court’).
2. The relief of quashing has been sought on the basis of the compromise, effected between the petitioner and respondents No.2 & 3, who are complainant and injured, in the accident.
3. As per the case, set up by the petitioner, on the complaint, made by respondent No.2 to the police, on 27.07.2021, respondent No.2 was travelling to Shimla from Mandi, along with his brother’s wife Shakuntla Devi, her son Harsh and daughter Nikita in their vehicle, which was registered in the name of his friend Prashant.
3.1. It is the case of the petitioner that at about 2/2:30, when, res
A compromise between the parties in a criminal case can lead to quashing of FIR when the complainant exonerates the accused, indicating minimal chances of successful prosecution.
A valid compromise between parties can lead to quashing of FIR in criminal cases, especially when key witnesses exonerate the accused.
The court held that a genuine compromise between the parties, supported by witness testimonies, can justify quashing an FIR and related proceedings.
A compromise between the parties can lead to quashing of FIR when the complainant exonerates the accused, indicating weak prosecution chances.
A compromise between parties can lead to the quashing of an FIR when the complainant exonerates the accused, indicating a lack of prosecution's success.
A compromise between the parties can lead to the quashing of an FIR when the complainant withdraws allegations, indicating that prosecution would not succeed.
The court quashed the FIR based on a compromise where the complainant exonerated the petitioner, emphasizing the importance of maintaining societal harmony.
A compromise between the complainant and the injured party in a criminal case can lead to quashing of the FIR, as continuing proceedings would constitute an abuse of process.
The court emphasized that a voluntary compromise between parties in a criminal case can lead to quashing of FIRs to maintain societal harmony and prevent abuse of legal processes.
Compromise between parties in a criminal case can lead to quashing of FIR and proceedings to prevent abuse of legal process.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
