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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Banku Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT:
Virender Singh, J.
Petitioner-Banku Ram has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), for quashing of FIR No.51/2024, dated 16.05.2024 (hereinafter referred to as the FIR, in question), registered with Police Station, Barsar, District Hamirpur, H.P., under Sections 323, 324, and 506 of the Indian Penal Code (hereinafter referred to as the ‘IPC’), as well as, the proceedings resultant thereto, which are stated to bepending before the Court of learned Judicial Magistrate First Class, Barsar, District Hamirpur, 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 petitioner and respondents No.2.
3. According to the petitioner, on the statement of husband 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 report under Section 173(2) Cr.PC, which is now pending adjudication before the learned trial Court.
5. According to the petitioner, during the pendency of the aforesaid case
The court emphasized that a compromise between parties in a matrimonial dispute can justify quashing criminal proceedings to prevent abuse of the legal process and maintain harmony.
The court holds that acceptance of a compromise between parties is appropriate when it fosters peace and prevents abuse of the legal process, particularly in familial disputes.
Compromise between parties can lead to quashing of FIR and proceedings if it serves the purpose of maintaining peace and avoids abuse of legal process.
A genuine compromise between parties renders prosecution unviable, necessitating quashing of the FIR to maintain societal peace.
Compromise between parties in a criminal case can lead to quashing of FIR when it serves the interest of justice and maintains societal peace.
A compromise between parties can justify quashing an FIR when the complainant exonerates the accused, promoting societal harmony and preventing abuse of legal processes.
Quashing criminal proceedings is justified when parties have reached a compromise, promoting harmony and 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.
The court emphasized that when parties to a dispute compromise amicably, the continuation of legal proceedings would constitute an abuse of process, thus justifying the quashing of the FIR.
A compromise between the parties can lead to the quashing of an FIR when the complainant withdraws allegations, indicating that prosecution would not succeed.
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