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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Vikram Kanwar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Petitioner 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.59/2024, dated 10.04.2024 (hereinafter referred to asthe FIR, in question), registered with Police Station Sadar Solan, District Solan, H.P., under Sections 279, 337 and 338 of the Indian Penal Code (hereinafter referred to as the ‘IPC’) and Section 196 of Motor Vehicles Act (hereinafter referred to as the ‘MV Act’), as well as, the proceedings resultant thereto, which are stated to be pending before the Court of learned Chief Judicial Magistrate, Solan, 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 petitioner and respondents No.2 & 3, who are injured and complainant, in the accident in question.
3. As per the case, set up by the petitioner, on 10.04.2024, the accident had taken place, in which, respondent No.2 had sustained injuries and on the statement of respondent No.3, FIR, in question, has been registered. Thereafter, the police has conducted the investigation and submitted the charge
A valid compromise between parties can lead to quashing of FIR in criminal cases, especially when key witnesses exonerate the accused.
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.
The court held that a genuine compromise between the parties, supported by witness testimonies, can justify quashing an FIR and related proceedings.
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 the quashing of an FIR when the complainant exonerates the accused, indicating a lack of prosecution's success.
A compromise between parties can lead to quashing of FIR when the complainant withdraws support, indicating minimal 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 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 voluntary compromise between parties in a criminal case can lead to quashing of FIRs to maintain societal harmony and prevent abuse of legal processes.
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