IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Rajesh Kumar – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Virender Singh, J.
The petitioner has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as ‘the B.N.S.S.) for quashing of FIR No. 30 of 2019, dated 7.12.2019, (hereinafter referred to as ‘the FIR in question’), registered under Sections 354-A, 354-D, 376, 504 and 509 of the Indian Penal Code (hereinafter referred to as ‘the IPC’) with Women Police Station, Bilaspur, HP, as well as, the proceedings resultant thereto, stated to be pending before the Court of learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P. (hereinafter referred to as ‘the trial Court’).
2. Relief, as claimed for, has been sought on the ground that due to some mis-understanding between the petitioner and respondent No.2, FIR in question has been lodged against the petitioner. After registration of the FIR, Police has conducted investigation in the matter and filed charge sheet against the petitioner, which is stated to be pending before the learned trial Court.
3. It is also the case of the parties that now, the matter has been compromised, in pursuance of compromise, Annexure P-3, as the parties are residents of the same
Compromise between parties in a criminal case can lead to quashing of FIR when both express a desire to resolve disputes amicably, serving the purpose of maintaining societal peace.
The court emphasized that amicable compromises between parties can lead to quashing of FIRs to maintain societal peace and judicial efficiency.
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.
Compromise between parties in a criminal case can lead to quashing of FIR and proceedings to prevent abuse of legal process.
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 lead to quashing of FIR when the complainant withdraws support, indicating minimal chances of prosecution success.
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 compromise between the parties can lead to quashing of FIR when the complainant exonerates the accused, indicating low chances of prosecution success.
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 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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