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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Gaurav Rana – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Petitioners have filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for quashing of FIR No.151/2016, dated 18.07.2016 (hereinafter referred to as the FIR, in question), registered with Police Station, Sadar Shimla, District Shimla, H.P., under Section 498-A read
1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
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 Chief Judicial Magistrate, Kangra at Dharamshala, 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.2.
3. It is the case of the petitioners that petitioner No.1 was married to respondent No.2, on 29.01.2007. Thereafter, they have been blessed with one son and one daughter. However, due to some misunderstanding between petitioner No.1 and respondent No.2, respondent No.2 has lodged FIR, in question, in which, the police has
The court emphasized the importance of recognizing compromises in family disputes to prevent abuse of legal processes and maintain familial harmony.
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.
Quashing criminal proceedings is justified when parties have reached a compromise, promoting harmony and preventing abuse of legal process.
A compromise between parties in a criminal case can lead to quashing of FIR when the complainant exonerates the accused, preventing abuse of legal process.
The court may quash FIRs in matrimonial disputes when the parties have reached a compromise, preventing abuse of legal processes.
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.
A compromise between parties in a matrimonial dispute can lead to quashing of FIR and proceedings, as continuation would constitute an abuse of process.
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