IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Virender Singh, J
Manoj Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Petitioner-Manoj Kumar has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), for quashing of FIR No.119/2023, dated 09.05.2023 (hereinafter referred to as the FIR, in question), registered with Police Station, Haroli, District Una, H.P., under Sections 354A(1)(i) & 354D(i) 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 Additional Chief Judicial Magistrate, Una, District Una, 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 petitioner and respondent No.2.
3. According to the petitioner, on the statement of respondent No.2, the FIR, in question, has been registered against him.
4. After registration of the FIR, the police has conducted the investigation and submitted the final report in the learned trial Court. When the matter was pending before the learned trial Court, the petitioner has filed the present petition for quashing of the FIR, in question.
5
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.
The court emphasized that a genuine compromise between parties can lead to quashing of FIRs in criminal cases, promoting societal harmony and saving judicial resources.
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 the parties can lead to quashing of FIR when the complainant exonerates the accused, indicating low chances of prosecution success.
A valid compromise between parties can lead to quashing of FIR in criminal cases, especially when key witnesses exonerate the accused.
A compromise between the parties in a criminal case can lead to quashing of FIR and proceedings if it serves the interest of justice and societal harmony.
A genuine compromise between parties renders prosecution unviable, necessitating quashing of the FIR to maintain societal peace.
A compromise between the parties can lead to quashing of FIR when the complainant exonerates the accused, indicating weak prosecution chances.
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.
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