Gaurav Pahwa vs State Of Punjab And Another
2023 Latest Caselaw 22412 P&H

Punjab-Haryana High Court

Gaurav Pahwa vs State Of Punjab And Another on 20 December, 2023

                                                   Neutral Citation No:=2023:PHHC:164181




                                                              2023:PHHC:164181

[255]       IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

                                 CRM-M-38363-2023
                                 Date of Decision :20.12.2023

Gaurav Pahwa                                                ...Petitioner

            versus

State of Punjab and another                                 ....Respondents


Coram :     HON'BLE MR. JUSTICE DEEPAK GUPTA

Present :   None for the petitioner.
            Mr. Parneet Singh Pandher, AAG, Punjab.
            None for respondent No.2.
            ***

DEEPAK GUPTA, J. (ORAL)

[1] Prayer in this petition filed under Section 482 Cr.P.C. is for

quashing of F.I.R. No.68 dated 23.06.2023, registered under Sections 66 (C),

66(D) of Information Technology Act, 2000 and Section 420 IPC, at Police

Station Basti Bawa Khel, District Police Commissionerate Jalandhar, and

all subsequent proceedings arising therefrom on the basis of compromise

and affidavit dated 24.06.2023 (Annexures P-2 & P-3).

[2] This Court vide order dated 31.10.2023 had directed the parties

to appear before the Trial Court/Illaqa Magistrate to get their statements

recorded and the learned Magistrate was directed to send his report qua the

genuineness of the compromise.

[3] Pursuant to the aforesaid order, parties have appeared before

learned Judicial Magistrate, Ist Class, Jalandhar, and got their statements

recorded. On the basis of the statements so recorded, learned Magistrate has

submitted report dated 22.11.2023 to the effect that the compromise has

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2023:PHHC:164181

been effected between the parties voluntarily and without any coercion or

undue influence.

[4] Statement of Respondent No.2-complainant, namely, Vicky

Kumar with regard to compromise was recorded before learned Magistrate

on 22.11.2023.

[5] Learned State counsel has not disputed the factum of

compromise between the parties.

[6] In view of the above, no useful purpose would be served to

continue with the proceedings before the trial Court in the instant F.I.R.

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, this petition is

allowed and F.I.R. No.68 dated 23.06.2023, registered under Sections 66 (C),

66(D) of Information Technology Act, 2000 and Section 420 IPC, at Police

Station District Police Commissionerate Jalandhar, and all subsequent

proceedings arising therefrom on the basis of compromise qua petitioner, are

hereby quashed.

                                           (DEEPAK GUPTA)
                                                    JUDGE

20.12.2023
'Rajneesh'



                    Whether speaking/ reasoned   :    Yes/No
                    Whether reportable           :    Yes/No



                                                     Neutral Citation No:=2023:PHHC:164181

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