IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Goldy – 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 (hereinafter referred to as ‘BNSS’), for quashing of FIR No.123/2023, dated 15.07.2023 (hereinafter referred to as the FIR, in question), registered with Police Station, Kangra, H.P., under Sections 324 and 201, read with Section 34 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 Judicial Magistrate First Class-I, Indora, District Kangra, H.P. (hereinafter referred to as the ‘trial Court’).
2. The relief of quashing has been sought, on the basis of the compromise, which has taken place between the petitioners and respondent No.3.
3. According to the petitioners, on the statement of respondent No.3, the FIR, in question, has been registered against them.
4. After registration of the FIR, the police has conducted the investigation and submitted the final report, which is now pending adjudication before the learned trial Court.
5. According to the petitioners, during the pendency of the aforesaid case, with the intervention of the res
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 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 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 valid compromise between parties can lead to quashing of FIR in criminal cases, especially when key witnesses exonerate the accused.
A genuine compromise between parties renders prosecution unviable, necessitating quashing of the FIR to maintain societal peace.
A compromise between the parties can lead to quashing of FIR when the complainant exonerates the accused, indicating weak prosecution chances.
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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