PANKAJ NAGPAL AND OTHERS v. STATE OF HP AND OTHERS
CRMMO/219/2025 · 2025-05-06
Rakesh Kainthla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9627 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9627 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:HHC:12646 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 219 of 2025 Reserved on: 28.04.2025 Date of Decision: 06.05.2025 Pankaj & 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 Nos. 3 to 5. 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. 177 of 2019, dated 14.09.2019, registered for the commission of offences punishable under Sections 147, 148, 149, 323, 427 & 201 of Indian Penal Code (IPC) at Police Station Nagrota 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 settled the dispute after the registration of the FIR. Most of the parties were
( 2025:HHC:12646 ) students. They want to maintain cordial relations with each other. Hence, the petition. 3. The statements of the informant and the injured were recorded on 01.04.2025, in which they had stated that the matter was compromised by them without any influence from any person, and they do not want to proceed further because of the compromise having been effected between them. 4. I have heard learned counsel for the parties and have gone through the records carefully. 5. The offences punishable under Sections 323 & 427 of the IPC are compoundable under Section 320 of 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 offences punishable under Sections 147 and 148 of IPC, inter alia, in Sivo Devi vs others vs State of HP 2023 (2), Shimla Law 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 and Subhash Verma vs State of H.P. 2021 (3) Shimla Law Cases 1146 based on the compromise
( 2025:HHC:12646 ) effected between the parties. These judgments are binding on this Court. 6.
In view of these precedents, the present petition is allowed and the FIR No. 177 of 2019, dated 14.09.2019, registered for the commission of offences punishable under Sections 147, 148, 149, 323, 427 & 201 of IPC at Police Station Nagrota Bagwan, H.P., is quashed. Consequent upon the quashing of the FIR, criminal proceedings pending/initiated against the petitioners- 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 but if required, may verify passing of the order from Website of the High Court. (Rakesh Kainthla) Judge 06th May, 2025 (Shamsh Tabrez)