IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 2093 of 2022 1. Dewendra Nath Mishra @ Jharu Mishra, S/o Late Nagendra Nath Mishra, age 58 years 2. Renu Mishra @ Gudia, W/o Dewendra Nath Mishra, aged about 50 years, 3. Lalit Bijay @ Mouga @ Lalit Vijay, S/o Dewendra Nath Mishra, aged about 25 years, All are residents of H.N. CD-309, Sector-3, H.E.C. Colony, P.O and P.S. Dhurwa, District Ranchi, Jharkhand--- --- Petitioners Versus 1. The State of Jharkhand 2. Mayank Kumar, S/o Devanshu Shekhar Kumar, age about 28 years, R/o Rangamati, Sinsri, P.O and P.S. Sindari, District Dhanbad --- --- Opp. Parties --- CORAM: Hon’ble Mr. Justice Ambuj Nath --- For the Petitioners: M/s Ajay Kr. Pathak, M.P. Tirkey, Advocates For the O.P-State: Mr. Naveen Kr. Ganjhu, A.P.P. For the O.P. No. 2: Mr. Lukesh Kumar, Advocate --- 09 / 27.02.2025 Petitioners have filed this application for quashing of the order dated 21.04.2022, passed by the Sri Pragyesh Nigam, Judicial Magistrate, 1st Class, Dhanbad in C.P. Case No. 2712 of 2019, whereby and wherein, the learned Magistrate has taken cognizance of the offence under section 379 of the Indian Penal Code and sections 43, 66 and 66C of the Information Technology Act. 2. It was submitted by the learned counsel appearing on behalf of the petitioners that the parties have settled their dispute. It was further submitted that the occurrence had taken place due to the matrimonial dispute between the parties. 3. Mr. Lukesh Kumar, learned counsel appearing on behalf of the opposite party no. 2, confirmed that the parties have settled the dispute. He also submitted that the matter relates to the matrimonial dispute between the parties. 4. It appears that after inquiry, learned court below has found the prima facie case to be true under section 379 of the Indian Penal Code and sections 43, 66 and 66C of the Information Technology Act. Offence under section 379 of the Indian Penal Code is compoundable in nature. So far as the offence under sections 43, 66 and 66C of the Information 2. Technology Act is concerned, section 77A of the Information Technology Act provides that a court of competent jurisdiction may compound offences, other than offences for which the punishment for life or imprisonment for a term exceeding three years has been provided. 5. Learned counsel for the petitioners submitted that the offence under section 43 of the Information Technology Act provides for penalty as compensation, while offence under sections 66 and 66C of the Information Technology are punishable for maximum period of three years and therefore, these offences are compoundable in nature. 6. In view of the submissions made above, entire criminal proceeding arising out of C.P. Case No. 2712 of 2019 including order taking cognizance dated 21.04.2022, passed by Sri Pragyesh Nigam, Judicial Magistrate, 1st Class, Dhanbad, is quashed. This criminal miscellaneous petition is allowed. Pending I.A., if any, also stands disposed of. (Ambuj Nath, J) Ranjeet/ Uploaded