Offences under Section 118(1) BNS can be quashed upon compromise between parties, overruling previous conflicting judgments.

Vimal Kishore @ Vicky ...Petitioner Versus State of H.P. and another ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?¹ No.

For the Petitioner : Mr. Ganesh Barowalia, Advocate.

For Resphondent No.1 : Mr. Lokender Kutlehria, Additional Advocate General.

For Respondent No.2 : Ms. Rashmi Parmar, Advocate.

Rakesh Kainthla, Judge The present petition has been filed for quashing of FIR No. 4 of 2025, dated 2.1.2025, registered for the commission of an offence punishable under Section 118(1) of Bharatiya Nayaya Sanhita , 2023 (BNS), at Police Station Amb, District Una, H.P. It has been asserted that the matter has been compromised between the parties. The informant does not want to proceed

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

further with the complaint filed by him. Both parties want to maintain good relations between them. Hence the petition.

2. The statement of the informant was recorded on 21.3.2025, in which he stated that he had entered into a compromise with the accused, and he did not want to proceed further with the FIR lodged by him.

3. Subsequently, the matter was referred to the Division Bench in view of the conuflict in the placed judgments of this Court. The Hon’ble Doivision Bench held on 22.5.2025 that the matter was coveCred by the judgments of the Hon’ble Supreme Court in Gian Singh Vs. State of Punjab and another 2012 (10) SCC 303, Narinder Singh Singh Vs. State of Punjab 2014 (6) SCC 446 and Naushey 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 o punishable under Section 326 of IPC corresponding to Section 118(1) of BNS cannot be compounded is deemed to have been overruled.

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 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 Division Bench judgment of this Court. 5. Therefore, in view of these precedents, the present petition is allowed and the FIR No. 4 of 2025, dated 2.1.2025, registered for the commission of an offence punishable under Section 118 (1) of Bharatiya Nayaya Sanhita , 2023 (BNS), at Police Station Amb, District Una, H.P. is quashed. Consequent upon the quashing of the FIR, criminal proceedings pending/initiated against the petitioner-accused in pursuance thereto are also quashed.

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