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2026 DAILYLAW 5559 (HP)

VED PRAKASH AND ANOTHER v. STATE OF HP AND ANOTHER

CRMMO/50/2026 · 2026-05-06

Rakesh Kainthla

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:HHC:14777 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 50 of 2026 Reserved on: 7.4.2026 Date of Decision: 6.5.2026. Ved Prakash and another …. Petitioner Versus State of HP and another …. Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No. For the Petitioner : Mr Maan Singh, Advocate. For Respondent No.1-State : Mr Lokender Kutlehria, Additional Advocate General. For Respondent No.2 : Mr. Rajesh Kumar, Advocate. Rakesh Kainthla, Judge The petitioners have filed the present petition for quashing of FIR No. 58 of 2018, dated 14.8.2018, registered at Police Station Keylong, District Lahaul & Spiti, H.P., for the commission of offences punishable under Sections 336, 337 and 338 read with Section 34 of the Indian Penal Code (IPC) 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2026:HHC:14777 and consequential proceedings arising out of the said FIR based on the compromise effected between the parties. 2. It has been asserted that the petitioners were not at fault. They provided medical treatment to the victim. The victim settled the matter with the petitioner voluntarily without any influence from any person. Hence, the petition. 3. Statement of the informant/victim, Sanjeev Kumar, was recorded on 23.2.2026, in which he stated that he had entered into a compromise with the accused voluntarily without any influence from any person. He does not want to proceed further with the matter after the compromise and has no objection in case the FIR is ordered to be quashed. 4. I have heard learned counsel for the parties and have gone through the records carefully. 5. The offences punishable under Sections 337 and 338 of the IPC are compoundable under Section 320(2) of the Cr. P.C. Section 320(3) of Cr.P.C. reads that when an offence is compoundable under this Section, and a person is liable by virtue of Section 34 of IPC, the offence can be compounded. 3 2026:HHC:14777 Therefore, the offences punishable under Sections 337 and 338 read with Section 34 of the IPC can be compounded. The grievous hurt was caused to the informant/victim, and the offence punishable under Section 336, being the minor offence in relation to Section 338, would not be attracted as per Section 71 of the IPC. Even otherwise, this Court has quashed the FIR registered for the commission of an offence punishable under Section 336 inter alia in Kuldeep Vs. State of HP and/or others. 2017 STPL 7597 HP, Rajeev Kumar Vs. State of HP & anr. 2019 STPL 4554 HP, Narayan Singh Vs. State of HP & ors. 2022 STPL 9676 HP and Amit Singla Vs. State of HP & ors. 2022 STPL 13806 HP based on compromise, and these judgments are binding on this Court. 6. Therefore, in view of these precedents, the present petition is allowed and FIR No. 58 of 2018, dated 14.8.2018, registered at Police Station Keylong, District Lahaul & Spiti, H.P. against the petitioners for the commission of offences punishable under Sections 336, 337 and 338 read with Section 34 of IPC and consequential proceedings pending arising out of the FIR are quashed. 4 2026:HHC:14777 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 the Website of the High Court. (Rakesh Kainthla) Judge 6th May, 2026 (Chander)