IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Munish Dogra – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Petitioners have filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for quashing of FIRNo.16/2015, dated 05.05.2015 (hereinafter referred to as the FIR, in question), registered with Police Station Kotkhai, District Shimla, H.P., under Section 67A of the Information and Technology Act, 2000 (hereinafter referred to as the ‘IT Act’), as well as, the proceedings resultant thereto, which are stated to be pending before the Court of learned Additional Chief Judicial Magistrate, Theog, District Shimla, 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 petitioners and respondent No.2, who is complainant, in the present case.
3. As per the case, set up by the petitioner, respondent No.2 had lodged the FIR in question alleging therein that she was studying in GSSS, Gumma and the petitioner was doing ITI from ABVGIT.
3.1. According to the complaint, made by respondent No.2, she and petitioner No.1 introduced with each other and had started talking on phone. In the month of December, 2014, pe
A compromise between the complainant and the accused can lead to quashing of FIR when the complainant exonerates the accused, indicating bleak chances of prosecution success.
A compromise between the parties can lead to quashing of FIR when the complainant exonerates the accused, indicating low chances of prosecution success.
The court held that a compromise between parties post-divorce justifies quashing of FIR, emphasizing the need to maintain peace and judicial efficiency.
A compromise between parties can lead to quashing of FIR when the complainant withdraws support, indicating minimal chances of prosecution success.
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.
A compromise between parties can lead to quashing of FIRs in criminal cases, especially when the complainant exonerates the accused, preventing abuse of legal process.
Compromise between parties in a criminal case can lead to quashing of FIR and proceedings to prevent abuse of legal 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.
The court upheld the validity of a compromise between parties, emphasizing that continuation of criminal proceedings would constitute an abuse of the process of law.
The court emphasized that amicable compromises between parties can lead to quashing of FIRs to maintain societal peace and judicial efficiency.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.