Irfan Khan And Another v. State Of Haryana And Another

2024:PHHC:055796 CRM-M-13751-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-13751-2024 Date of Decision:-24.04.2024 Irfan Khan and Anr.

......Petitioners

Versus

State of Haryana and Anr.

......Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. Salman Ahmed, Advocate for the petitioners. Mr. Anmol Malik, DAG, Haryana.

Mr. Nasir Jamal, Advocate for respondent No.2. **** ALOK JAIN, J. (Oral) 1.

The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.126 dated 01.07.2020, registered under Sections 420, 467, 468, 471 and 120-B of IPC and Section 66-D of I.T. Act, registered at Police Station Cyber Crime, District Gurugram (Annexure P-1) and subsequent proceeding arising therefrom on the basis of compromise dated 06.03.2024 (Annexure P-2) as well as affidavit dated 06.03.2024 (Annexure P-3) of the complainant. 2.

Keeping in view the fact that the parties entered into a settlement, this Court vide order dated 18.03.2024 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 03.04.2024 has been received from Judicial Magistrate First Class, Gurugram stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence. Manju 2024.04.25 17:40 I attest to the accuracy and integrity of this document

2024:PHHC:055796 CRM-M-13751-2024 3.

Learned State counsel and learned counsel appearing on behalf of respondent No.2 admit the factum of compromise and submit that they have no objection in quashing of the FIR on that basis. 4.

Perusal of the aforesaid report establishes that the parties have amicably settled their dispute, and continuance of criminal proceedings in such a situation will be an exercise in futility, as the chances of conviction are bleak. The power under Section 482 Cr.P.C. can be exercised in such matters. It has been held by Supreme Court of India in cases Gian Singh v. State of Punjab and another 2012(10) SCC 303 and Narinder Singh and others v. State of Punjab and another 2014(6) SCC 406 that criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, should be quashed when the parties have resolved the disputes among themselves in a bona fide manner.

5.

Consequently, the present petition is allowed. FIR No.126 dated 01.07.2020, registered under Sections 420, 467, 468, 471 and 120-B of IPC and Section 66-D of I.T. Act, registered at Police Station Cyber Crime, District Gurugram (Annexure P-1) and subsequent proceeding arising therefrom, are hereby quashed qua the petitioners subject to costs of Rs.10,000/- to be paid by each of the petitioners. Since respondent No.2 did not follow up the matter and after passage of four years entered into a compromise by taking money, he is also imposed with costs of Rs.10,000/- which is to be paid by him within a period of two weeks from today in the account of the Nishkam Sewa Group (run by Punjab and Haryana High Court Lawyers at Chandigarh).

(ALOK JAIN) JUDGE 24.04.2024 manju Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No Manju 2024.04.25 17:40 I attest to the accuracy and integrity of this document