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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Bhanu Pratap Singh – Appellant
Versus
State of H.P – Respondent
| Table of Content |
|---|
| 1. fir for non-consensual sex post-consent; compromise executed. (Para 1 , 3 , 4 , 5) |
| 2. voluntary compromise; trial futile, acquittal likely. (Para 2 , 6 , 7) |
| 3. state opposes quashing heinous offence; victim supports. (Para 8 , 9) |
| 4. initial consent noted; compromise renders trial pointless. (Para 10 , 11) |
| 5. s.482 crpc quashing guidelines for settlements, sparingly exercised. (Para 12 , 13 , 14) |
| 6. precedents reaffirm quashing powers despite non-compoundable offences. (Para 15 , 17 , 18 , 19) |
| 7. quash heinous offence fir on compromise if conviction remote. (Para 16 , 20 , 21) |
| 8. fir quashed; proceedings terminated, accused released. (Para 22 , 23) |
The petitioner has preferred the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for quashing of FIR No. 196 of 2025 dated 09.12.2025 under Sections 115 (2) and 64(2) of Bharatiya Nyaya Sanhita, 2023 (for short “”) registered at Police Station, Jogindernagar, District Mandi, Himachal Pradesh on the basis of Compromise Deed dated 22.01.2026 entered between him and respondent No.2, vide Annexure P-2.
2. The learned counsel for the petitioner sub
High Court quashed FIR for non-compoundable non-consensual sexual intercourse offence on victim-accused compromise and her court statement, as conviction remote, trial futile, securing ends of justic....
Point of Law : No doubt, while exercising power under Section 482 Cr.P.C, for quashing of FIR, Court is also required to take into consideration interest of society at large, but in the present case,....
High Court may quash non-compoundable FIRs for rash/negligent driving causing death on genuine compromise by victim family, as offences not heinous, conviction remote, securing ends of justice and pr....
High Court quashed FIR under Section 69 BNS on compromise as offence (sexual intercourse by deceitful promise of marriage, not rape) not heinous; voluntary victim settlement secures justice, prevents....
Point of Law : POCSO Act – Compromise – Quash of criminal proceedings.
The court emphasized the need to evaluate the nature and gravity of the offences, the impact on society, and the possibility of conviction when exercising the inherent power under Section 482 of the ....
High Court may quash FIRs alleging rape and kidnapping via inherent powers on compromise, especially retaliatory cross-cases, to prevent abuse of process and foster harmony, despite offence gravity, ....
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