IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Sheetal Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Petitioner-Sheetal Singh, 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.242/2022, dated 17.10.2022 (hereinafter referred to as the FIR, in question), registered with Police Station, Sadar Hamirpur, District Hamirpur, H.P., under Sections 279 and 337 of the Indian Penal Code, (hereinafter referred to as the ‘IPC’), as well as, theproceedings resultant thereto, which are stated to be pending before the Court of learned Chief Judicial Magistrate, Hamirpur, District Hamirpur, 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, on the complaint of respondent No.2, the FIR, in question, has been registered against him.
4. After registration of the FIR, the police has conducted the investigation and submitted the final report, which is stated to be pending adjudication before the learned trial Court.
5. According to the petitioner, during the pendency of the case, he has compromised the matter with respondent No.2.
6. Anot
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 quashed the FIR based on a compromise where the complainant exonerated the petitioner, emphasizing the importance of maintaining societal harmony.
Compromise between parties in vehicular offences can lead to quashing of FIR when no negligence is established, promoting societal peace and judicial efficiency.
Compromise between parties in a criminal case can lead to quashing of FIR and proceedings to prevent abuse of legal process.
A compromise between parties in a criminal case can lead to quashing of FIR when there's no negligence and maintaining peace is prioritized.
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.
A valid compromise between parties can lead to quashing of FIR in criminal cases, especially when key witnesses exonerate the accused.
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.
A compromise between the parties can lead to quashing of FIR when the complainant exonerates the accused, indicating weak prosecution chances.
The court held that a genuine compromise between the parties, supported by witness testimonies, can justify quashing an FIR and related proceedings.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.