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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Dinesh Kumar Kaushal – 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.46 of 2023, dated 06.12.2023, (hereinafter referred to as the FIR, in question), registered with Women Police Station, Una, District Una, H.P. under Sections 498-A, 504, 506 and 406 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, 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, effected between the parties.
3. According to the petitioners, the marriage of petitioner No.3 was solemnized with respondent No.2, as per Hindu rites and rituals, on 21.05.2023. Thereafter, some matrimonial dispute has arisen between petitioner No.3 and respondent No.2. Subsequently, respondent No.2 has lodged the FIR, in question, against the petitioners.
4. It is the case of the petitioners that after registration of FIR, the police has investigated the matter and t
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 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 the parties can lead to quashing of FIR when the complainant exonerates the accused, indicating low chances of prosecution success.
The court may quash FIRs in matrimonial disputes when the parties have reached a compromise, preventing abuse of legal processes.
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 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.
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.
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 genuine compromise between parties can lead to quashing of FIRs in criminal cases, promoting societal harmony and saving judicial resources.
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