Yash Pal @ Dheeraj Vs State of Hp and Another — Himachal Pradesh HC (2025) — LawSathi Research

Yash Pal @ Dheeraj Vs State of Hp and Another — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of FIR No. 108 of 2020, dated 16.5.2020, registered at Police Station West, Shimla, District Shimla, H.P., for offences punishable under Sections 452, 323, 506 read with Section 34 IPC, and of the consequential proceedings pending before the learned Additional Chief Judicial Magistrate, Shimla, Court No.2; pending applications, if any, also disposed of.

Issue for consideration

Whether FIR No. 108 of 2020 registered at Police Station West, Shimla, and the consequential proceedings pending before the Additional Chief Judicial Magistrate, Shimla, Court No.2, should be quashed on the basis of the compromise between the parties. +1 more

Court's answer

The offences punishable under Sections 323 and 506 of the IPC are compoundable under Section 320 of Cr.P.C.

Ratio / Principle

This Court's earlier decisions quashing FIRs registered for the offence under Section 452 IPC on the basis of compromise (Prashant Dharmani, Ameen, Avinash Singh Rana, Chaman Lal) are binding on this Court and were followed.

Key takeaways

In view of the precedents, the petition is allowed: FIR No. 108 of 2020 dated 16.5.2020 registered at Police Station West, Shimla, for offences under Sections 452, 323, 506 read with Section 34 IPC, and all consequential proceedings pending before the learned Additional Chief Judicial Magistrate, Shimla, Court No.2, are quashed.ratio¶19

Detailed headnote1 paragraphs

Criminal miscellaneous petition — quashing of FIR on compromise. FIR No. 108 of 2020, dated 16.5.2020, Police Station West, Shimla, for offences punishable under Sections 452, 323, and 506 read with Section 34 IPC, and the consequential proceedings pending before the Additional Chief Judicial Magistrate, Shimla, Court No.2, were quashed on the basis of a compromise effected through the intervention of respectable persons. The informant/injured, whose statement was recorded on 7.7.2025, affirmed that the compromise was voluntary and raised no objection to quashing. The Court noted that offences under Sections 323 and 506 IPC are compoundable under Section 320 Cr.P.C., and quashed the FIR for the Section 452 IPC offence following its binding precedents (Prashant Dharmani; Ameen; Avinash Singh Rana; Chaman Lal). Petition allowed; parties permitted to produce a downloaded copy of the judgment, and authorities directed not to insist on a certified copy.

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2025:HHC:25803

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. MMO No. 513 of 2025 Reserved on: 28.7.2025 Date of Decision: 04.08.2025

Yash Pal @ Dheeraj	Versus	...Petitioner
State of H.P. & another		...Respondents

Coram

Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No.

For the petitioner	: Mr. Mehar Chand Thakur, Advocate.
For respondent No.1	: Mr. Prashant Sen, Deputy Advocate General.
For respondent No.2	: Mr. Pawan Kumar, Advocate.

: Rakesh Kainthla, Judge

The petitioner has filed the present petition for quashing of FIR No. 108 of 2020, dated 16.5.2020, registered at Police Station West, Shimla, District Shimla, H.P. for the commission of offences punishable under Sections 452, 323, and 506 read with Section 34 of the Indian Penal Code (IPC) and consequential proceedings arising out of the FIR pending before the learned Additional Chief Judicial Magistrate, Shimla, Court

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2025:HHC:25803

No.2 based on the compromise effected between the parties. It has been asserted that the matter has been compromised through the intervention of respectable persons of society, and the informant does not wish to proceed further with the matter after the compromise. Hence, the petition.

Statement of the informant/injured was recorded on 7.7.2025, in which he stated that he had entered into the compromise voluntarily with the petitioner and he has no objection in case the FIR is ordered to be quashed based on the compromise.

Heard.

The offences punishable under Sections 323 and 506 of the IPC are compoundable under Section 320 of Cr.P.C. This Court had already quashed the F.I.R. registered for the commission of an offence punishable under Section 452 of IPC in Prashant Dharmani & others vs. State of H.P. & others 2023(1) Him.L.R.241, Ameen vs State of H.P. & others 2023(1) Him L.R.375, Avinash Singh Rana vs State of H.P. & others 023 STPL 3181 H.P and Chaman Lal vs. State of H.P. Latest HLJ 2023(HP) (1)213 based on compromise. These judgments are binding on this Court.

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2025:HHC:25803

Therefore, in view of these precedents, the present petition is allowed and FIR No. 108 of 2020, dated 16.5.2020, registered at Police Station West, Shimla, District Shimla, H.P. for the commission of offences punishable under Sections 452, 323, 506 read with Section 34 of the IPC and consequential proceedings pending before the learned Additional Chief Judicial Magistrate, Shimla, Court No.2 arising out of the FIR are quashed.

Petition stands disposed of in the above terms, so also pending applications, if any.

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 the Website of the High Court.

(Rakesh Kainthla) Judge

4^th August 2025 (Chander)