IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Surender Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. Petitioner-Surender Kumar, 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.128/2023, dated 03.11.2023 (hereinafter referred to as the FIR, in question), registered with Police Station, Sadar Bharari, District Bilaspur, H.P., under Sections 279, 337 and 338 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, Court No.1, Ghumarwin, District Bilaspur, 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 complaint 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, which is stated to be pending adjudication before the learned trial Court.
5. According to the petitioner, during the pendency of the case, he has compromised the ma
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 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 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.
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 FIRs in criminal cases, especially when the complainant exonerates the accused, preventing abuse of legal process.
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 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 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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