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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Mukesh Kumar – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. petition for quashing fir based on compromise. (Para 1 , 2 , 3 , 4) |
| 2. status report and statements regarding fir and compromise. (Para 5 , 6 , 7 , 8 , 9) |
| 3. court's reasoning for accepting compromise to avoid abuse of process. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. final decision to quash fir and related proceedings. (Para 17 , 18 , 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. 180 of 2020, dated 13.12.2020, under Sections 279 , 337 and 338 of the INDIAN PENAL CODE (hereinafter referred to as ‘the IPC’) registered with Police Station, Dehra, District Kangra, H.P., as well as, the proceedings resultant thereto, pending before the learned Additional Chief Judicial Magistrate, Dehra, 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 respondent No. 2, in order to maintain their cordial relations.
3. The terms and conditions of the compromise have been reduced into writing,
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 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 can lead to quashing of FIR and proceedings if it serves the purpose of maintaining peace and avoids abuse of legal process.
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.
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 valid compromise between parties can lead to quashing of FIR in criminal cases, especially when key witnesses exonerate the accused.
The court held that a genuine compromise between the parties, supported by witness testimonies, can justify quashing an FIR and related proceedings.
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