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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Babu Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
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.81/2021, dated 23.11.2021 (hereinafter referred to as the FIR, in question), registered with Police Station, Pachhad, District Sirmaur, H.P., under Sections 325 , 147, 149 and 506 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 Judicial Magistrate First Class, Rajgarh 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.2.
3. According to the petitioners, on the statement of respondent No.2, the FIR, in question, has been registered against them.
4. After registration of the FIR, the police has conducted the investigation and submitted the report under Section 173(2) Cr.PC, which is now pending adjudication before the learned trial Court.
5. According to the petitioners, during the pendency of the aforesaid case,
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 genuine compromise between parties renders prosecution unviable, necessitating quashing of the FIR to maintain societal peace.
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.
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.
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.
A compromise between the parties can lead to the quashing of an FIR when the complainant withdraws allegations, indicating that prosecution would not succeed.
A compromise between parties can justify quashing an FIR when the complainant exonerates the accused, promoting societal harmony and preventing abuse of legal processes.
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 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.
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