IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Virender Singh, J
Ashwani Dogra – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Virender Singh, J.)
Petitioner-Ashwani Dogra has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), for quashing of FIR No.108 of 2018, dated 14.07.2018, registered with Police Station, Gagret, District Una, H.P., under Sections 406, 323, 498-A, and 34 of the Indian Penal Code, (hereinafter referred to as the ‘IPC’), and Section 66E of the Information and Technology Act (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 Judicial Magistrate First Class, Court No.2, Amb, 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 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 charge- sheet, which is now pending adjudication before the learned trial Court.
5. According to the petitioner, during the pendency of the case, he and respond
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 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 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 FIR when the complainant withdraws support, indicating minimal 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.
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 in a criminal case can lead to quashing of FIR when the complainant exonerates the accused, preventing abuse of legal process.
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.
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.
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.
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