Prince Sharma v. State Of Punjab And ANR

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-45661-2019 (O&M) Date of Decision:- 6.4.2022 Prince Sharma ... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Gursimran Singh Bhatia, Advocate, for the petitioner. Mr. Luvinder Sofat, AAG, Punjab.

Mr. Nikhil Chopra, Advocate, for respondent No.2. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner has approached this Court seeking quashing of FIR No.84, dated 30.4.2016, Police Station Shimlapuri, District Police Commissionerate Ludhiana, under Sections 420, 419, 120-B IPC and Sections 65, 66(C) and 66(D) of Information Technology Act, 2000, and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 24.10.2019, the parties had been directed to appear before the Area Magistrate so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Judicial Magistrate 1st Class, Ludhiana, has been received, wherein it has been reported that the statements of MOHAN SINGH 2022.04.06 16:40 I attest to the accuracy and integrity of this document

- 2 - CRM-M-45661-2019 (O&M) petitioner/accused Prince Sharma and also of complainant Joginderpal have been recorded to the effect that they have compromised the matter amongst themselves.

4.

The complainant Joginderpal in his statement had stated that he has no objection in case the FIR in question is quashed. 5.

The learned Judicial Magistrate 1st Class, Ludhiana, 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.84, dated 30.4.2016, Police Station Shimlapuri, District Police Commissionerate Ludhiana, under Sections 420, 419, 120-B IPC and Sections 65, 66(C) and 66(D) of Information Technology Act, 2000 and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioner. 6.4.2022 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2022.04.06 16:40 I attest to the accuracy and integrity of this document