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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Surinder Singh – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. petition seeks fir quashing via victim compromise (Para 1 , 2 , 3 , 4) |
| 2. allegations of rape, blackmail, false marriage promise (Para 5) |
| 3. chargesheet filed; state opposes heinous offence quashing (Para 6) |
| 4. no quashing for heinous crimes per narinder singh (Para 7 , 8 , 9) |
| 5. exceptional quashing for rape after facts scrutiny (Para 10 , 11) |
| 6. vague compromise rejects rape fir quashing (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 7. petition dismissed; trial proceedings continue (Para 18) |
JUDGMENT :
VIRENDER SINGH, J.
1. Petitioner has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, (hereinafter referred to as ‘BNSS’), for quashing of FIR No.73 of 2023, dated 24.07.2023, (hereinafter referred to as ‘the FIR in question’), registered with Police Station, Shahpur, District Kangra, H.P., under Sections 376, 377, 354-C, 506 of Indian Penal Code, (hereinafter referred to as the ‘IPC’) and Sections 67, 67-A of Information Technology Act (hereinafter referred to as the IT Act), and Section 3(1)(w)(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as the SC&ST Act), as well as, proceedin
Inherent powers under Section 528 BNSS should not quash heinous offences like rape on mere compromise; courts must scrutinize genuineness, terms, timing, and circumstances to prevent abuse or premium....
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.
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 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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