IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Virender Singh, J
Jatin Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Virender Singh, J.)
Petitioner-Jatin Sharma, has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (hereinafter referred to as ‘ BNSS ’), for quashing of FIR No.214 of 2024, dated 06.12.2024 (hereinafter referred to as the FIR, in question), registered with Police Station, Boileauganj, District Shimla, H.P., underSections 281 and 125(A) of the Bharatiya Nyaya Sanhita , (hereinafter referred to as the ‘ BNS ’), as well as, the proceedings resultant thereto.
2. The relief of quashing has been sought on the basis of the compromise effected between the parties.
3. According to the petitioner, on the complaint of respondent No.2, the FIR, in question, has been registered against him.
4. After registration of the FIR, the police has started the investigation. According to the petitioner, now, he has compromised the matter with respondent No.2. The Compromise Deed is Annexure P-2.
5. On the basis of the said compromise, a prayer has been made to allow the petition, as prayed for, by quashing the FIR, in question, as well as, proceedings resultant thereto, pending before the learned trial Court.
6. When put to notice, respondent No.1-State
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 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 compromise between parties can lead to quashing of FIR when the complainant withdraws support, indicating minimal 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.
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 the parties can lead to quashing of FIR when the complainant exonerates the accused, indicating weak prosecution chances.
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.
A compromise between parties can lead to the quashing of an FIR when the complainant exonerates the accused, indicating a lack of prosecution's success.
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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