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High Court of Punjab and HaryanaCRM-M/42095/2021allowed

Gurpreet Kaur And ORS v. State Of Punjab And Another

2022-12-19Mr. Justice Gurvinder Singh Gill2 pages

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-42095-2021 (O&M) Date of Decision:- 19.12.2022 Gurpreet Kaur and others ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr.. Sahil Sharma, Advocate, for the petitioners. Mr. Luvinder Sofat, DAG, Punjab.

Mr. N.K.Vadehra, Advocate, for respondent No.3. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners seek quashing of FIR No.65, dated 28.12.2016, Police Station Kalanaur, District Gurdaspur, under Section 67 of Information Technology Act, 2000 (Sections 506, 120-B of IPC and Section 66-E of Information Technology Act, 2000, added later on), and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties. 2.

Vide orders dated 17.11.2021 & 26.8.2022, the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get their statements recorded qua the factum of compromise. 3.

Report of learned Chief Judicial Magistrate, Gurdaspur, has been received, wherein it has been reported that the statements of petitioners/accused Gurpreet Kaur, Navdeep Singh s/o Baljit Singh, MOHAN SINGH 2022.12.19 16:43 I attest to the accuracy and integrity of this document

- 2 - CRM-M-42095-2021 (O&M) Hardeep Kaur and complainant/victim Navdeep Singh s/o Dilbagh Singh and Sandeep Kaur (recorded through Special Power of Attorney Mr. Dilbagh Singh) have been recorded to the effect that they have compromised the matter amongst themselves. 4.

The complainant/victim Navdeep Singh s/o Dilbagh Singh and Sandeep Kaur (recorded through Special Power of Attorney Mr. Dilbagh Singh) in their statements had stated that they have no objection in case the FIR in question is quashed. 5.

The learned Chief Judicial Magistrate, Gurdaspur, has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, 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.65, dated 28.12.2016, Police Station Kalanaur, District Gurdaspur, under Section 67 of Information Technology Act, 2000 (Sections 506, 120-B of IPC and Section 66-E of Information Technology Act, 2000, added later on) and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioners.

19.12.2022 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2022.12.19 16:43 I attest to the accuracy and integrity of this document