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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Kuldeep Singh – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. petition for quashing an fir due to compromise. (Para 1 , 2 , 3 , 4) |
| 2. status of investigation and statements from involved parties. (Para 5 , 6 , 7 , 8 , 9) |
| 3. effect of compromise on continuation of proceedings. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. quashing of fir based on compromise. (Para 17 , 18) |
| 5. final order allowing the petition. (Para 19) |
JUDGMENT :
Virender Singh, J.
The petitioner has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the B.N.S.S.) for quashing of FIR No. 163 of 2024, dated 7.7.2024, registered under Sections 281 , 125 (a) of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘the BNS ’) with Police Station, Nurpur, District Kangra, H.P., as well as, the proceedings resultant thereto, pending before the learned Additional Chief Judicial Magistrate, Nurpur, District Kangra, H.P. (hereinafter referred to as ‘the trial Court’).
2. Relief, as claimed for, has been sought on the ground that the matter has been compromised between the petitioner and respondents No. 2 and 3, as they want to maintain their cordial relations.
3. The terms and conditions of the compromise
A compromise between parties in a criminal case can lead to quashing of FIR when there's no negligence and maintaining peace is prioritized.
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.
The court quashed the FIR based on a compromise where the complainant exonerated the petitioner, emphasizing the importance of maintaining societal 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.
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.
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 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.
Compromise between parties in a criminal case can lead to quashing of FIR and proceedings if it serves the interest of justice and maintains societal peace.
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