Punjab-Haryana High Court
Deepanshu Verma And Others vs State Of Haryana And Another on 28 April, 2023
Neutral Citation No:=2023:PHHC:061122
2023:PHHC:061122
CRM-18222-2023 in/and
CRM-M-16217-2023 --1--
111 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-18222-2023 in/and
CRM-M-16217-2023
DATE OF DECISION:-28.04.2023
Deepanshu Verma and others ...Petitioners.
vs.
State of Haryana and another ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Gautam Diwan, Advocate,
for the petitioners.
Mr. Sumit Jain, Additional A.G., Haryana.
Mr. Randeep S. Dhull, Advocate for
Mr. Sanjeev Majra, Advocate,
for respondent No.2.
****
HARKESH MANUJA, J.
CRM-18222-2023
Prayer in this application is for preponing the date of hearing of
the main case, which is fixed for 15.05.2023.
Heard.
For the reasons mentioned in the application, duly supported by
an affidavit, the same is allowed and date of hearing of the main case is
preponed from 15.05.2023 to today itself i.e. 28.04.2023 for hearing.
CRM disposed of.
Main case
1. By way of present petition under Section 482 Cr.P.C., the
petitioners pray for quashing of FIR No.0029, dated 01.03.2023, under
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2023:PHHC:061122
CRM-18222-2023 in/and
CRM-M-16217-2023 --2--
Section 85 of the Information and Technology Act, 2000 and Sections 43-A,
66, 66-C, 66-D of Information Technology (Amendment) Act, 2008 and
Sections 419, 420, 465 IPC, registered at Police Station Cyber Crime Police
Station, Gurugram, District Gurugram (Annexure P-1) along with all
consequential proceedings arising therefrom on the basis of compromise
deed dated 20.03.2023 (Annexure P-2).
2. At the very outset, learned counsel for the petitioners prays for
withdrawal of the present petition qua petitioners No.2 and 3 as their
statements could not be recorded, with liberty to approach this Court again,
in case any fresh settlement is arrived at between petitioners No.2, 3 and the
complainant, at a later stage.
3. In view thereof, petition qua petitioners No.2 and 3 is dismissed
as withdrawan with liberty as prayed for.
4. As per the allegations in the FIR, petitioners cheated the
complainant for a huge sum of Rs.1,37,00,000/- by impersonating
themselves as trader of Crypto trading, stock market trading, forex and
international share market.
5. In pursuance to order dated 29.03.2023 passed by this Court,
whereby the parties were directed to appear before the trial court for getting
their statements recorded as regards the veracity of compromise arrived at
between them, a report dated 15.04.2023 has been received from the
concerned court, stating that the compromise between the parties in question
appears to have been entered into voluntarily without any pressure or
inducement and no such material is available on record which can reflect
that the compromise has been effected under fear, threat, pressure or
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CRM-18222-2023 in/and
CRM-M-16217-2023 --3--
coercion. Accused-petitioners No.1, 4 to 13 have not been declared as
proclaimed offender.
6. Thus once, the compromise has been arrived at between the
parties without any pressure and respondent No.2 has no objection as
regards quashing of FIR as well as all other subsequent proceedings arising
out of the same against petitioners No.1, 4 to 13; there does not appear to be
any impediment as regards quashing of present FIR qua petitioners No.1, 4
to 13. Even otherwise, in order to maintain peace and harmony between the
parties, particularly under the circumstances wherein the alleged offences
have no societal interest involved, it would be appropriate to render
complete quietus to the aforementioned dispute by quashing the FIR on the
basis of compromise entered into between the parties.
7. The parties having settled their dispute so as to live in peace in
furture, no useful purpose would be served by proceeding further with the
criminal proceedings. In the light of above developments, no cause remains
for the trial Court to invest further time and effort in adjudicating this FIR.
The compromise in question is even found to be fully in consonance with
the direction issued by the Court in Kulwinder Singh & Ors. Vs. State of
Punjab 2007(3) RCR (Criminal) 1052 and Gian Singh Vs. State of Punjab
& Anr., 2012(4) RCR (Crl.) 543.
8. Further, learned counsel for petitioners No.1, 4 to 13, while
placing reliance upon the judgments passed by the Hon'ble Supreme Court
in Jayrajsinh Digvijaysinh Rana Vs. State of Gujarat and another,
2012(4) R.C.R. (Criminal) 589 and this Court in Joginder Singh &
another Vs. State of Punjab and another, passed in CRM-M-23739- 2010
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CRM-18222-2023 in/and
CRM-M-16217-2023 --4--
decided on 27.04.2011, Rajinder Singh Vs. State of Punjab & another,
passed in CRM-M- 37395-2016 decided on 16.05.2017 and Vimal Kalra &
others Vs. State of Punjab & another, passed in CRMM-20355-2022,
decided on 25.07.2022 submits that partial quashing of the FIR is possible
on the basis of a compromise.
9. Thus, in view of the aforesaid report, accompanied by statements
of both the parties as well as keeping in mind the law laid down in the
aforementioned judgments, the FIR No.0029, dated 01.03.2023, under
Section 85 of the Information and Technology Act, 2000 and Sections 43-A,
66, 66C, 66D of Information Technology (Amendment) Act, 2008 and
Sections 419, 420, 465 IPC, registered at Police Station Cyber Crime Police
Station, Gurugram, District Gurugram (Annexure P-1) as well as all the
subsequent proceedings arising therefrom are hereby quashed qua
petitioners No.1, 4 to 13.
10. Accordingly, petition stands allowed qua petitioners No.1, 4 to
13, subject to payment of costs of Rs.50,000/- to be deposited by them with
the Punjab and Haryana High Court Bar Association within a period of two
weeks from today.
28.04.2023 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
Neutral Citation No:=2023:PHHC:061122
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