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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Jaswinder Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. filing of fir and matrimonial discord (Para 1 , 3 , 4 , 8 , 9) |
| 2. basis of quashing fir due to compromise (Para 2 , 5 , 6 , 7 , 10 , 11) |
| 3. recognition of settlement to maintain harmony (Para 12 , 13 , 14 , 16 , 17 , 18) |
| 4. formalization of compromise terms (Para 15) |
| 5. order to quash fir and related proceedings (Para 19 , 20 , 21) |
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.260/2019, dated 14.08.2019 (hereinafter referred to as the FIR, in question), registered with Police Station, Paonta Sahib, District Sirmaur, H.P., under Sections 498-A and 506 read 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 Additional Chief Judicial Magistrate, Paonta Sahib, District Sirmaur, 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.4.
3. It is the case
Quashing criminal proceedings is justified when parties have reached a compromise, promoting harmony and preventing abuse of legal process.
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 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 the importance of recognizing compromises in family disputes to prevent abuse of legal processes and maintain familial harmony.
A genuine compromise between parties renders prosecution unviable, necessitating quashing of the FIR to maintain societal peace.
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.
The court emphasized that when parties to a dispute compromise amicably, the continuation of legal proceedings would constitute an abuse of process, thus justifying the quashing of the FIR.
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.
A compromise between parties can justify quashing an FIR when the complainant exonerates the accused, promoting societal harmony and preventing abuse of legal processes.
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