Amit Sharma v. State Of Punjab & ORS

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-26908 of 2015 .....

Date of decision:20.11.2015 Amit Sharma .....Petitioner v.

State of Punjab and others .....Respondents ....

Present:

Mr. Harshit Jain, Advocate for the petitioner. Mr. Varun Sharma, Assistant Advocate General, Punjab for the respondent-State.

None for complainant-respondents No.2 and 3.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.148 dated 27.9.2013 (Annexure-P.1) registered for the offences under Sections 294, 420, 354-D, 506 and 509 IPC and Sections 66-A and 67-A of the Information Technology Act at Police Station City Dhuri, District Sangrur and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2).

The FIR has been registered on the statement of complainantHappy Garg on the allegations that the accused-petitioner posted the snaps of respondent No.3 on the internet and threatened respondents No.2 and 3. Now with intervention of respectable persons, the matter has been amicably compromised between the parties and they have resolved their disputes and differences.

Cr. Misc. No.M-26908 of 2015 [2] Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned Sub Divisional Judicial Magistrate, Dhuri has sent his report dated 1.10.2015 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one.

Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer admits the factum of compromise and submits that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of the FIR in view of the law laid down by the Hon'ble Supreme Court.

I have heard learned counsel for the petitioner as well as learned Assistant Advocate General, Punjab and have gone through the record.

In a decision, based on compromise, none of the parties is a loser. Rather, compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.

Therefore, keeping in view the fact that the matter has been amicably settled and in view of the law laid by the Hon'ble Supreme Court

Cr. Misc. No.M-26908 of 2015 [3] in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No.148 dated 27.9.2013 (Annexure-P.1) registered for the offences under Sections 294, 420, 354-D, 506 and 509 IPC and Sections 66-A and 67-A of the Information Technology Act at Police Station City Dhuri, District Sangrur and all subsequent proceedings arising out of the same are hereby quashed.

November 20, 2015.

(Inderjit Singh) Judge *hsp*