Jitender vs State Of Haryana And Another
2024 Latest Caselaw 19859 P&H

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.
                  ****

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

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Neutral Citation No:=2024:PHHC:146020

CRM-M

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

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

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