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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Rajesh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petition quashes rape fir via compromise under bnss 528. (Para 1 , 2 , 3 , 4) |
| 2. parties affirm compromise; complainant consents to quashing. (Para 5 , 6 , 7 , 8 , 9) |
| 3. court assesses cross-firs for quashing discretion exercise. (Para 10 , 11 , 12 , 13) |
| 4. settlement timing crucial per narinder singh guidelines. (Para 14 , 15) |
| 5. scrutinize firs closely despite heinous offence gravity. (Para 16 , 17 , 18) |
| 6. quash counter-blast rape firs as process abuse. (Para 19 , 20 , 21 , 22) |
| 7. fir and proceedings quashed based on compromise. (Para 23 , 24 , 25) |
JUDGMENT :
Virender Singh, Judge
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. 39 of 2022, dated 03.10.2022 (hereinafter referred to as the FIR, in question), registered with Women Police Station Mandi, H.P., under Sections 363, 376(2)(n), 506, 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 Sessions Judge (Family Court) Mandi, H.P. (hereinafter referred to as the ‘trial Cour
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, ....
High Court may quash rape FIR post-charge-sheet under inherent powers upon genuine compromise and marriage, promoting harmony and preventing abuse of process despite offence gravity.
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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....
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