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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Naman Sood – 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.170/2024, dated 21.09.2024 (hereinafter referred to as the FIR, in question), registered with Police Station Dharamshala, District Kangra, H.P., under Sections 281, 125(a) and 125(b) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), 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, effected between the petitioner and respondents No.2 to 5, who are complainant and injured, in the accident in question.
3. As per the case, set up by the petitioner, on 21.09.2024 at Rakkar Road, Sidhwari, an accident had taken place, involving his vehicle. In the said accident, respondents No.3 and 4 had sustained injuries and on the statement of respondent No.2, FIR, in question, has been registered.
4. According to the petitioner, during the pendency of t
A compromise between the parties can lead to quashing of FIR when the complainant exonerates the accused, indicating weak prosecution chances.
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 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 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 the parties can lead to quashing of FIR when the complainant exonerates the accused, indicating low chances of prosecution success.
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.
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 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 quashed the FIR based on a compromise where the complainant exonerated the petitioner, emphasizing the importance of maintaining societal harmony.
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