Neutral Citation No. ( 2025:HHC:21398 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 122 of 2025 Reserved on: 01.07.2025 Date of Decision: 07.07.2025. Vishal Rana ...Petitioner Versus State of H.P. and another ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 For the Petitioner : Ms. Shrutika Chauhan, Advocate. For Respondent No.1 : Mr. Prashant Sen, Deputy Advocate General. For Respondent No.2 : Ms. Shubham Sood, Advocate. Rakesh Kainthla, Judge The present petition has been filed for quashing of FIR No. 35 of 2021, dated 15.06.2021, registered for the commission of offences punishable under Sections 341, 323, 324, 326, 506 and 427 of the Indian Penal Code (IPC). It has been asserted that the matter has been compromised between the parties. The informant does not want to proceed further with the 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 Neutral Citation No. ( 2025:HHC:21398 ) complaint because of the compromise effected between the parties. Hence, the petition. 2. The statement of the informant was recorded on 03.04.2025, in which he stated that he had entered into a compromise voluntarily with the accused without any influence from any person, and he has no objection in case the FIR is ordered to be quashed based on the compromise. 3. The matter regarding the quashing of FIR registered for the commission of an offence punishable under Section 326 of IPC was referred to the Larger Bench. The Hon’ble Division Bench held in Vimal Kishore @ Vicky vs. State of HP and anr in Cr.MMO No. 81 of 2025 decided on 22.05.2025 that the matter was covered by a judgment of the Hon’ble Supreme Court in Gian Singh Vs. State of Punjab 2012 (10) SCC 303, Narinder Singh Singh Vs. State of Punjab 2014 (6) SCC 446 and Naushe Ali Vs. State of U.P. 2025 (4) SCC 78 and contrary judgment of this Court in Kishore Kumar @ Kishore vs State of H.P. & another 2013 (3) Shim. LC 1220 holding that the offence punishable under Section 326 of IPC corresponding to Section 118(1) of BNS cannot be compounded is deemed to have been overruled. 3 Neutral Citation No. ( 2025:HHC:21398 ) 4. This Court has already held in Ram Kumar & others vs. State of H.P. 2016(4) Him. L.R. 2157, Naresh Katoch vs. State of H.P. & another 2019 (Suppl.) Him L.R. 2656, Kartik Sharma & others vs. State of H.P. 2020 STPL 4914 H P and Naykan Kamdak & others vs. State of H.P. 2020 STPL 6334 HP that the offence punishable under Section 326 of IPC can be quashed because of the compromise effected between the parties. The sole judgment to the contrary in Kishore Kumar alias Kishore Vs. State of H.P. 2013 (3) Shimla Law Case 1220, taking a contrary view is deemed to have been overruled as per the judgment delivered by the Hon’ble Division Bench of this Court. 5. Therefore, in view of these precedents, the present petition is allowed and the FIR No. 35 of 2021, dated 15.06.2021, registered for the commission of offences punishable under Sections 341, 323, 324, 326, 506 and 427 of the IPC and consequential proceedings arising out of the FIR are quashed. 6. Petition stands disposed of in the above terms, so also pending applications, if any. 7. Parties are permitted to produce a copy of this judgment, downloaded from the webpage of the High Court of 4 Neutral Citation No. ( 2025:HHC:21398 ) 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 7th July, 2025 (Saurav pathania)