Punjab-Haryana High Court
Jitender vs State Of Haryana And Another on 8 November, 2024
Neutral Citation No:=2024:PHHC:146020
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
244 CRM-M M No.44715 of 2024
Date of decision: 08.11.2024
JITENDER .... Petitioner
Versus
STATE OF HARYANA AND ANOTHER .... Respondents
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr. Wazir Singh, Advocate for
Mr
Mr. Shivam Sharma, Advocate for the petitioner.
Ms. Nidhi Garg, A.A.G., Haryana
Haryana.
Mr. Satish Kumar, Advocate for
Mr. Akshit Mehta, Advocate for respondent No.2.
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MANISHA BATRA, BATRA J. (oral)
1. The present petition has been for quashing of FIR No.51 dated 15.04.2023 registered under Section 67 of Information Technology (Amendment) Act, at Police Station Cyber West West,, District Gurugram and all the subsequent proceedings arising therefrom, on the basis of com compromise promise deed/affidavit dated 25.07.2024 (Annexures P-2 P 2 and P P-3).
2. This Court vide order dated 09.09.2024 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report report qua the genuineness of the compromise.
3. Pursuant to the aforesaid order, parties have appeared before the learned Judicial Magistrate Ist Class, Class, Gurugram and got their statements recorded. On the basis of the statements so recorded, learned Judge hhas as submitted report dated 30.10.2024 to the effect that the compromise has been 1 of 2 ::: Downloaded on - 13-11-2024 03:04:31 ::: Neutral Citation No:=2024:PHHC:146020 CRM-M M No.44715 of 2024 -2- effected between the parties voluntarily and without any coercion or undue influence.
4. Learned State counsel as well as counsel for respondent No.2 have not disputed the factum factum of compromise between the parties.
5. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR.
6. Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303 303,, this petition is allowed and of FIR No.51 dated 15.04.2023 registered under Section 67 of Information Technology (Amendment) Act, at Police Station Cyber West,, District Gurugram and all subsequent proceedings arising therefrom on the basis of compromise deed dated 25.07.2024 (Annexures P P-2 2 and P-3)
3) are quashed quas qua the petitioner.
(MANISHA BATRA) 08.11.2024 JUDGE Jyoti-IV Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No 2 of 2 ::: Downloaded on - 13-11-2024 03:04:31 :::