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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Dilshad – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. Petitioners have filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for quashing of FIR No.21/2020, dated 13.07.2020 (hereinafter referred to as the FIR, in question), registered with Women Police Station, Nahan, District Sirmaur, H.P., under Sections 498-A, 354, 506 and 34 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 Judicial Magistrate First Class, Nahan, District Sirmaur, H.P. (hereinafter referred to as the ‘trial Court’).
2. The relief of quashing has been sought, on the basis of the compromise, which has taken place between the petitioners and respondent No.4.
3. According to the petitioners, petitioner No.1 was married to respondent No.4 on 08.04.2019. Petitioner No.2 is the brother of petitioner No.1, whereas, petitioner No.3 is the mother of petitioner No.1.
4. It is the case of the petitioners that respondent No.4 had lodged the FIR in question due to some misunderstanding, between the parties and according to them, now, the matter has been
The court recognized the validity of a compromise between parties in a domestic dispute, allowing for the quashing of the FIR to prevent abuse of legal processes and to maintain familial harmony.
Quashing criminal proceedings is justified when parties have reached a compromise, promoting harmony and preventing abuse of legal process.
A compromise between parties in a criminal case can lead to quashing of FIR when the complainant exonerates the accused, preventing abuse of legal process.
The court emphasized the importance of recognizing compromises in family disputes to prevent abuse of legal processes and maintain familial harmony.
The court emphasized that a compromise between parties in a matrimonial dispute can justify quashing criminal proceedings to prevent abuse of the legal process and maintain harmony.
The court may quash FIRs in matrimonial disputes when the parties have reached a compromise, preventing abuse of legal processes.
A compromise between parties in a matrimonial dispute can lead to quashing of FIR and proceedings, as continuation would constitute an abuse of process.
Compromise between parties in a criminal case can lead to quashing of FIR when both express a desire to resolve disputes amicably, serving the purpose of maintaining societal peace.
The court held that a compromise between parties post-divorce justifies quashing of FIR, emphasizing the need to maintain peace and judicial efficiency.
The court may quash FIRs in criminal cases when the complainant exonerates the accused and a genuine compromise is reached, emphasizing societal harmony.
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