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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Ajeet Kapoor – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
(Virender Singh, J.)
Petitioners have filed the present petition, under Section 528 of the Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) seeking quashing of FIR No. 81 of 2019, dated 25.9.2019, registered under Sections 498-A and 34 of the Indian Penal Code (hereinafter referred to as ‘the IPC’) with Police Station, Keylong, District Lahaul & Spiti, as well as, the proceedings resultant thereto, pending in the Court of learned Chief Judicial Magistrate, Lahaul & Spiti at Kullu, H.P. (hereinafter referred to as ‘the trial Court’), in view of the compromise, having been effected, between the petitioners and respondent No. 2.
2. According to the petitioners, FIR in question was registered against them at the instance of respondent No. 2, due to matrimonial dispute, having been arisen between petitioner No. 1 and respondent No. 2.
3. After registration of the FIR, the criminal machinery swung into motion. After completion of the investigation, report under Section 173(2) of Cr. P.C. was submitted in the trial Court.
4. During the pendency of the case, before learned trial Court, the parties have settled the matter. As per settlement, marriage between pe
A compromise between parties in a matrimonial dispute can lead to quashing of FIR and proceedings, as continuation would constitute an abuse of process.
The court may quash FIRs in matrimonial disputes when the parties have reached a compromise, preventing abuse of legal processes.
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.
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 held that a compromise between parties post-divorce justifies quashing of FIR, emphasizing the need to maintain peace and judicial efficiency.
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 emphasized the importance of recognizing compromises in family disputes to prevent abuse of legal processes and maintain familial harmony.
The court may quash FIRs in criminal cases when the complainant exonerates the accused and a genuine compromise is reached, emphasizing societal harmony.
Compromise between parties can lead to quashing of FIR and proceedings if it serves the purpose of maintaining peace and avoids abuse of legal process.
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