Read Judgment: Amit Agarwal v. State of Punjab and another
Chandigarh, December 8,2021:The Punjab and Haryana High Court has opined that continuation of the proceedings in pursuance of the FIR, in which the offences are not heinous; the matter is at the stage of investigation and having been compromised, would be an abuse of the process of law.
The petition in question had been filed under Section 482 of the Cr.P.C. for quashing of FIR dated August 2,2021 registered under Sections 379, 408, 120-B IPC and Section 66(C), 72, 72A of Information Technology Act, 2000, at Police Station City Barnala, district Barnala, on the basis of a compromise dated August 19,2021 entered into between the parties.
The Bench of Justice Deepak Sibal took note of the fact that as directed, report from the Chief Judicial Magistrate, Barnala had been received, as per which the parties had recorded their statements before the Trial Court in terms of the compromise arrived at between them and that no proclamation proceedings were pending against the petitioner.
The State counsel had also raised no objection if the present petition was allowed.
Thus, given the circumstances and referring to the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and others Vs. State of Punjab and others, the High Court allowed the petition and resultantly quashed the FIR registered under various sections of the IPC and Information Technology Act, 2000, at Police Station City Barnala, district Barnala and all proceedings arising therefrom qua the petitioner.