High Court of Punjab and HaryanaCRM-M/53438/2023disposed of

Nitesh Kumar And ANR v. State Of Haryana And Another

2024-03-13Mr. Justice Jasjit Singh Bedi2 pages

2024:PHHC:035994 CRM-M-53438-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-53438-2023 Date of decision: March 13, 2024 Nitesh Kumar Mandal and another ...... Petitioners Vs.

State of Haryana and another

...Respondents

CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. B.S. Beniwal, Advocate for the petitioners. Mr. Rajiv Goel, DAG, Haryana.

Ms. Suman Beniwal, Advocate for respondent No.2.

***** JASJIT SINGH BEDI, J. (Oral) The prayer in this petition is for quashing of the FIR No.12 dated 24.05.2023 under Sections 379, 420 IPC (Section 120-B IPC added later on) registered at Police Station Cyber Crime Police Station, Hisar and all other consequential proceedings arising therefrom on the basis of compromise dated 13.06.2023 (Annexure P-2) entered into between the parties.

Vide order dated 19.10.2023 this Court had directed the parties to appear before the Illaqa Magistrate for getting their statements recorded with regard to the compromise dated 13.06.2023 (Annexure P-2) and the Illaqa Magistrate/Trial Court was to submit a report in this regard giving certain details as enumerated in the said order. Pursuant to the order dated 19.10.2023 passed by this Court, parties have appeared before the Court of the Judicial Magistrate 1st Class, SATISH KUMAR 2024.03.13 16:46 I attest to the accuracy and integrity of this document High Court Chandigarh

2024:PHHC:035994 CRM-M-53438-2023 -2Hisar and as per its report dated 28.11.2023 submitted to this Court, both the parties have got recorded their respective statements in Court. A perusal of the aforesaid report would show that the parties have effected a genuine compromise without there being any pressure, coercion or undue influence. In view of the compromise there is a remote possibility of the complainant coming forward to support the prosecution case. The powers under Section 482 Cr.PC can be exercised in such like situation in order to prevent unnecessary vagaries of criminal trial to be faced by the parties, when there are remote chances of conviction of the accused. The compromise in question is found to be fully in consonance with the direction issued by the Court in Kulwinder Singh & Ors. Vs.

State of Punjab 2007(3) RCR (Criminal) 1052 and Gian Singh Vs. State of Punjab & Anr., 2012(4) RCR (Crl.) 543. In view of the aforesaid report of the Judicial Magistrate 1st Class, Hisar accompanied by the joint statements of both the parties, the present FIR No.12 dated 24.05.2023 under Sections 379, 420 IPC (Section 120-B IPC added later on) registered at Police Station Cyber Crime Police Station, Hisar and all other consequential proceedings arising therefrom on the basis of compromise dated 13.06.20233 (Annexure P-2) entered into between the parties, are hereby quashed.

Petition stands disposed of.

( JASJIT SINGH BEDI) JUDGE March 13, 2024 satish Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SATISH KUMAR 2024.03.13 16:46 I attest to the accuracy and integrity of this document High Court Chandigarh