Pardeep Yadav v. State Of Punjab And Others

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 29.05.2023 Pardeep Yadav ...... Petitioner V/S State of Punjab and Ors.

..... Respondents CORAM :

HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

Mr. Inderpreet Singh Kooner, Advocate for the petitioner.

Mr. Vinay Kumar Gupta, AAG, Punjab.

Ms. Manvee N.Narang, Advocate for respondent Nos.2 and 3. **** AMARJOT BHATTI J. (ORAL) The petitioner-Pardeep Yadav has filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No.0146 dated 10.10.2019, under Sections 354-D, 509 of IPC and Section 67, 67(A) of IT Act, 2000 registered at Police Station Urban Estate, District Patiala and all other subsequent proceedings on the basis of compromise between the parties dated 15.10.2022 (Annexure P-2). As per the facts of the case, the complainant - Anil Modgill filed a written complaint alleging that his wife Manpreet Kaur was using mobile phone number 98885-01721. Somebody tagged her mobile phone number to a porn site named X-Master. It was requested to enquire the matter. The statement of

-2Manpreet Kaur was also recorded who stated that she was running ILETS institute near Punjabi University. One person namely Pardeep Yadav called her several times to get information about the course of ILETS. About one year ago, he also visited her office and started stalking her. He started calling her from his mobile phone number 88723-44504. Thereafter, she started receiving calls from other numbers. She came to know that her mobile phone number was tagged with porn site X-Master. The matter was enquired and ultimately, it was revealed that the mobile phone number from which the calls were received was registered in the name of Pardeep Yadav S/o Om Parkash. The matter was investigated and the present FIR was registered.

The petitioner filed this petition for the quashing of aforesaid FIR on the basis of compromise. The petitioner and respondent No.2 & 3 were directed to appear before the trial Court/Illaqa Magistrate for recording their statements on the basis of compromise. The detailed report regarding compromise has been received from the court of Additional Chief Judicial Magistrate, Patiala dated 01.04.2023. The statement of respondent Nos.2 & 3 has been recorded, where they confirmed the compromise with the petitioner. They confirmed that this compromise has been effected without any pressure, coercion from any side and they have no objection regarding quashing of FIR.

The petitioner-Pardeep Yadav also confirmed this fact in his separate statement. The statement of Inspector Harry Boparai is also recorded who further confirmed that the accused is neither involved in any other case nor has been declared as proclaimed offender.

Therefore, from the report of Additional Chief Judicial Magistrate, Patiala, it is clear that the compromise has been effected between the parties

-3without any pressure, coercion or undue influence, which is acceptable to both the parties. Both the parties are residents of same city, it would enable them to live in peace and harmony. They have mutually settled all the disputes. It will also prevent future litigation. No purpose would be served with the continuation of criminal proceedings.

Therefore considering these facts the petition filed by the petitioner is accepted and FIR No.0146 dated 10.10.2019, under Sections 354-D, 509 of IPC and Section 67, 67(A) of IT Act, 2000 registered at Police Station Urban Estate, District Patiala and the consequential proceedings arising therefrom are quashed. Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 29.05.2023.

Sunil Devi Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No