AARYAN DURGWAL AND OTHERS v. STATE OF HP AND ANOTHER
CRMMO/420/2025 · 2025-05-29
Virender Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14943 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14943 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1( 2025:HHC:16791 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MMO No.420 of 2025 Date of Decision: 29.05.2025 Aaryan Durgwal & Ors. …Petitioners
Versus State of H.P. & Ors. …..Respondents Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Petitioners : Petitioners in person with Mr. Goldy Kumar, Advocate. For the Respondents : Mr. H.S. Rawat and Mr. Mohinder Zharaick, Additional Advocates General for respondent No.1/State. Respondent No.2, in person with Ms. Vandna Kumari, Advocate. Virender Singh,
Judge
(Oral)
The petitioners have filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the B.N.S.S.’) for quashing of FIR No.67 of 2022, dated 05.05.2022 (hereinafter referred to as ‘the FIR in question’), registered under Sections 147, 148, 149, 323, 341 and 201 of the Indian Penal Code (hereinafter referred to as ‘the IPC’) with Police Station, Nagrota Bagwan, District Kangra, H.P., as well as, the proceedings resultant thereto, pending 1 Whether reporters of Local Papers may be allowed to see the judgment? 2( 2025:HHC:16791 ) before the learned Additional Chief Judicial Magistrate, Kangra, District Kangra, 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. According to the petitioners, on the statement of respondent No.2, the FIR, in question, has been registered against them. 4. After registration of the FIR, the police has conducted the investigation and submitted the final report, which is now pending adjudication, before the learned trial Court. 5. The terms and conditions of the compromise have been reduced into writing, which are annexed with the petition, as, Annexure P-2. 6. On the basis of the said compromise, a prayer has been made to allow the petition, as prayed for, by quashing of FIR No.67 of 2022, as well as, all the proceedings resultant thereto. 7. When put to notice, respondent No.1-State has filed the status report, disclosing therein the manner, in which, the FIR, in question, has been registered and the manner, in which, the police has investigated the matter. 3( 2025:HHC:16791 )
8.
The person, who, at one point of time, had levelled the allegations against the petitioners and lodged the FIR, in question, has appeared today, before this Court and made a statement, on oath, that a quarrel had taken place between him and due to misunderstanding, he had lodged FIR, in question, against the petitioners. He has deposed that they are neighbours and with the intervention of the respectable persons of the society and in order to maintain cordial relations, the matter has now been compromised. 9. Similar type of statements have been made by the petitioners, on oath. 10. Heard. 11. As per the stand taken by the parties, the dispute between them has now been settled. The terms and conditions of the compromise, have been placed on record as Annexure P-2. 12. The criminal machinery, in the present case, has been put into motion, by respondent No.2, by lodging the FIR, in question. However, as per the stand, taken by petitioners and respondent No.2, they have compromised the matter, vide compromise deed, Annexure P-2. 4( 2025:HHC:16791 )
13. The terms and conditions, which have been agreed upon by the parties, in order to settle all the disputes, should be honoured by the Court, as no useful purpose would be achieved, by keeping the proceedings alive. 14. Acceptance of the compromise will also save the precious judicial time of the learned trial Court, as the learned trial Court will be in a position to devote such time for deciding some other serious disputes, pending before it. 15. Moreover, this Court is satisfied with the genuineness of the compromise, Annexure P-2, entered into between the parties, as, respondent No.2, while appearing before this Court has categorically stated that he was not under any pressure for entering into the compromise. 16.
Considering all these facts, the petition is allowed and FIR No.67 of 2022, dated 05.05.2022, registered under Sections 147, 148, 149, 323, 341 and 201 of IPC, with Police Station, Nagrota Bagwan, District Kangra, H.P., as well as, the proceedings resultant thereto, pending before the learned trial Court, are ordered to be quashed. 17. The Compromise Deed, Annexure P-2, and the statements of the parties, recorded before this Court shall form part of the judgment. 5( 2025:HHC:16791 )
18. Pending miscellaneous applications, if any, shall also stand disposed of accordingly. (Virender Singh)
Judge May 29, 2025 (subhash)