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2025 DAILYLAW 9593 (HP)

PANKAJ NAGPAL AND OTHERS v. STATE OF HP AND OTHERS

CRMMO/220/2025 · 2025-05-30

Rakesh Kainthla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:HHC:16873 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 220 of 2025. Reserved on: 07.05.2025. Date of Decision: 30.05.2025 Pankaj Nagpal & Ors. ...Petitioners Versus State of H.P. & Ors. ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the petitioners : Mr. Aditya Kaushal, Advocate. For the respondents : Mr. Prashant Sen, Deputy Advocate General, for respondents No.1 & 2/State. Mr. Kiran Kumar, Advocate, for respondents No.3 and the injured- Rishav Dogra. Rakesh Kainthla, Judge The present petition has been filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), for quashing of F.I.R. No. 175 of 2019, dated 13.09.2019, registered for the commission of offences punishable under Sections 323, 147 & 149 of Indian Penal Code (IPC) at Police Station Nagrota ( 2025:HHC:16873 ) Bagwan, H.P. and consequent proceedings arising out of the said F.I.R. based on compromise effected between the parties. 2. It has been asserted that the parties have entered into a compromise voluntarily, and they do not want to proceed further because of the compromise. Hence, the petition. 3. The statements of the informant, Akshat Sharma, was recorded on 01.04.2025 and the injured, Rishav Dogra, wa recorded on 07.04.2025, respectively, by the Court, in which they have stated that they had entered into a compromise voluntarily and that they have no objection if the FIR is ordered to be quashed based on the compromise between the parties. 4. I have heard the learned counsel for the parties and have gone through the records carefully. 5. The offence punishable under Section 323 of the IPC is compoundable under Section 320 of the CrPC. The offence punishable under Section 149 of the IPC is also compoundable when the other offences have been compounded by the parties. This Court had already quashed the F.I.R. registered for the commission of an offence punishable under Section 147 of IPC, inter alia, in Sivo Devi vs others vs State of HP 2023 (2), Shimla Law ( 2025:HHC:16873 ) Cases 949, Umesh Kumar vs State Kumar HP 2022 STPL 10721, Satish Kumar State of H.P. 2022 STPL 10703, Inderjeet vs State of H.P. 2022(2) Himachal Law Reporter 1217 & Subhash Verma vs State of H.P. 2021 (3) Shimla Law Cases 1146 based on the compromise effected between the parties. These judgments are binding on this Court. 6. Therefore, in view of these precedents, the present petition is allowed and the FIR No. 175 of 2019, dated 13.09.2019, registered for the commission of offences punishable under Sections 323, 147 & 149 of the IPC at Police Station Nagrota Bagwan, H.P. and consequent proceedings arising out of the said F.I.R. are quashed. Consequent upon the quashing of the FIR, criminal proceedings pending/initiated against the petitioner- accused in pursuance thereto are also quashed. 7. Petition stands disposed of in the above terms, so also pending applications, if any. 8. Parties are permitted to produce a copy of this judgment, downloaded from the webpage of the High Court of Himachal Pradesh before the authorities concerned, and the said authorities shall not insist on the production of a certified copy ( 2025:HHC:16873 ) but if required, may verify passing of the order from Website of the High Court. (Rakesh Kainthla) Judge 30th May, 2025 (Shamsh Tabrez)