Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Satish Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. rape fir registered; parties compromise via marriage. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. court assesses inherent quashing power post-compromise. (Para 10 , 11 , 12 , 13) |
| 3. settlement timing key for heinous offence quashing. (Para 14 , 15 , 16) |
| 4. no absolute bar quashing serious rape proceedings. (Para 17 , 18 , 19) |
| 5. quashing averts process abuse after marriage harmony. (Para 20 , 21 , 22 , 23 , 24) |
Judgment :
Virender Singh, J.
Petitioner, has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for quashing of FIR No. 30/2024, dated 08.08.2024, (hereinafter referred to as the FIR, in question), registered with Women Police Station Mandi, H.P., under Sections 376(2)(a) 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 Additional Sessions Judge-II, Mandi, H.P. (hereinafter referred to as the ‘trial Court’).
2. The relief of quashing has been sought on the basis of the compromise, effected between the parties.
3. Brief facts leading to the filing of the present pet
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.
High Court may quash FIR under serious sexual offence on compromise and marriage if relations consensual, misunderstanding caused FIR, early trial stage, preventing abuse of process and promoting har....
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 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....
Dealing With a Plea That Dispute Has Been Settled - In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard....
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,....
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 ....
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
