IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Rajesh Guleria – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Virender Singh, J.)
Petitioner-Rajesh Guleria has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), seeking the relief of quashing of FIR No.65/2023, dated 26.04.2023 (hereinafter referred to as the FIR, in issue), registered with Police Station Jawali, District Kangra, H.P., under Sections 376, 506 and 201 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 Additional Sessions Judge, Nurpur, District Kangra, H.P. (hereinafter referred to as the ‘trial Court’).
2. According to the applicant, the abovementioned case has been registered at the instance of respondent No.2, in which, the police registered the FIR in issue and thereafter, conducted the investigation and submitted the charge-sheet, which is pending adjudication, before the Court of learned trial Court.
3. The relief of quashing has been sought on the ground that the matter has now been settled, between the parties and now, as per the settlement, respondent No.2 does not want to proceed further with the case.
4. On the
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.
A compromise between parties can lead to quashing of FIR when the complainant withdraws support, indicating minimal chances of prosecution success.
A compromise between the parties can lead to quashing of FIR when the complainant exonerates the accused, indicating low chances of prosecution success.
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 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.
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 a compromise between parties in a matrimonial dispute can justify quashing criminal proceedings to prevent abuse of the legal process and maintain harmony.
The court emphasized that a genuine compromise between parties can lead to quashing of FIRs in criminal cases, promoting societal harmony and saving judicial resources.
A compromise between the parties can lead to quashing of FIR when the complainant exonerates the accused, indicating weak prosecution chances.
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