Back
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Narotam Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. facts surrounding fir and compromise. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 10 , 12 , 13 , 14) |
| 2. arguments related to precedent and necessity of quashing. (Para 8 , 9 , 11 , 15 , 16) |
| 3. court emphasizes the importance of compromise for harmony. (Para 17) |
| 4. court's reasoning on the necessity of maintaining harmony. (Para 18 , 19 , 20) |
| 5. decision to quash the fir and proceedings. (Para 21) |
| 6. order of the court and resolution of pending matters. (Para 22 , 23) |
JUDGMENT :
Virender Singh, J.
1. 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.121/2020, dated 12.07.2020 (hereinafter referred to as the FIR, in question), registered with Police Station, BSLColony, Sunder Nagar, District Mandi, H.P., under Sections 451 , 323, 504, 506 and 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 Judicial Magistrate First Class, Court No.2, Sunder Nagar, District Mandi, H.P.(hereinafter referred to as the ‘trial Court’).
2. The relief of quashing
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 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.
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.
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 parties can justify quashing an FIR when the complainant exonerates the accused, promoting societal harmony and preventing abuse of legal processes.
A compromise between the parties can lead to the quashing of an FIR when the complainant withdraws allegations, indicating that prosecution would not succeed.
Quashing criminal proceedings is justified when parties have reached a compromise, promoting harmony and preventing abuse of legal process.
Compromise between parties in vehicular offences can lead to quashing of FIR when no negligence is established, promoting societal peace and judicial efficiency.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
