Umesh Gupta @ Saimpi v. State Of Punjab And Another

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

Criminal Misc. No.M-42398 of 2014 .....

Date of decision:2.2.2015 Umesh Gupta alias Saimpi .....Petitioner v.

State of Punjab and another .....Respondents ....

Present:

Mr. Vipin Mahajan, Advocate for the petitioner. Mr. Amarinder Singh Klar, Assistant Advocate General, Punjab for the respondent-State.

None for complainant-respondent No.2.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.191 dated 20.9.2012 (Annexure-P.1) registered for the offences under Sections 419 and 506 IPC and Section 66-A of Information Technology Act, 2000 at Police Station City Gurdaspur, District Gurdaspur and all subsequent proceedings arising therefrom in view of the compromise dated 29.10.2014 (Annexure-P.2). The FIR has been registered on the statement of complainantNarinder Kumar on the allegations that the accused-petitioner gave threatening call on the mobile phone of the complainant. Now with the intervention of elders and respectable persons, the matter has been amicably compromised between the parties and they have resolved their

Cr. Misc. No.M-42398 of 2014 [2] disputes and differences.

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 Chief Judicial Magistrate, Gurdaspur, has sent his report dated 30.1.2015 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

Cr. Misc. No.M-42398 of 2014 [3] amicably settled and in view of the law laid by the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No.191 dated 20.9.2012 (Annexure-P.1) registered for the offences under Sections 419 and 506 IPC and Section 66-A of Information Technology Act, 2000 at Police Station City Gurdaspur, District Gurdaspur and all subsequent proceedings arising out of the same are hereby quashed.

February 2, 2015.

(Inderjit Singh) Judge *hsp*