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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Vinod Kumar – 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.18 of 2022, dated 11.02.2022, (hereinafter referred to as the FIR, in question), registered with Police Station Gagret, District Una, H.P., under Sections 452, 354 and 354A 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 1st 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, respondent No.2 has lodged the FIR in question against him, alleging therein that on 11.02.2022, while respondent No.2 was working in kitchen at around 12 noon, the petitioner came inside the kitchen and started teasing her.
4. It is the case of the petitioner that it has also been alleged in the FIR in question that he has also tried to outrage the modesty of respondent No.2 and at that time, nobody was in
A compromise between parties can justify quashing an FIR when the complainant exonerates the accused, promoting societal harmony and preventing abuse of legal processes.
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.
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.
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 the parties can lead to the quashing of an FIR when the complainant withdraws allegations, indicating that prosecution would not succeed.
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.
The court may quash FIRs in criminal cases when the complainant exonerates the accused and a genuine compromise is reached, emphasizing societal harmony.
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.
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