Manish Kumar Singh v. State Of Haryana And Another

2024:PHHC:058270

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-18327-2022 (O&M) Date of Decision: 29.04.2024 Manish Kumar Singh

...Petitioner

Versus

State of Haryana & another

...Respondents

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:

Mr.Karan Garg, Advocate, for the petitioner.

Mr. Ramender Singh Chauhan, AAG, Haryana.

GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner seeks quashing of FIR No.407 dated 27.10.2020 registered at Police Station Badshahpur, District Gurugram, under Section 67A of the Information Technology (Amendment) Act and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties.

2.

Vide order dated 12.07.2023, the parties had been directed to appear before the Illaqa Magistrate/trial Court so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Judicial Magistrate Ist Class, Gurugram, has been received, wherein it has been reported that the statements of accused/petitioner, namely, Manish Kumar Singh as well as of VIMAL KUMAR 2024.04.30 16:46 I attest to the accuracy and integrity of this document

CRM-M-18327-2022 (O&M) -2complainant Muskan have been recorded to the effect that they have compromised the matter amongst themselves.

4.

The complainant Muskan in her statement has stated that she has no objection in case the FIR in question is quashed. 5.

The learned Judicial Magistrate Ist Class, Gurugram, has specifically opined that the parties have entered into compromise without any coercion or undue influence.

6.

In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the present petition is allowed and FIR No.407 dated 27.10.2020 registered at Police Station Badshahpur, District Gurugram, under Section 67A of the Information Technology (Amendment) Act and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioner.

29.04.2024 (GURVINDER SINGH GILL) Vimal JUDGE Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No VIMAL KUMAR 2024.04.30 16:46 I attest to the accuracy and integrity of this document