Extracted from the PDF above. The PDF is authoritative.
CRM-M-16050-2025
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 248
CRM-M-16050-2025
Date of decision : 23.05.2025 Ankit Bagga ...... Petitioner
V/S State of Haryana and Anr. ..... Respondents
CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI
Present: Mr. Viren Sibal, Advocate for petitioner.
Mr. Sidhant, AAG, Haryana.
Ms. Simran Sharma, Advocate, Mr. Divyanshu Kaushik, Advocate and Ms. Manreet Kaur, Advocate for respondent No.2.
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AMARJOT BHATTI J. (ORAL)
1.
Petitioner- Ankit Bagga filed this petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of charge sheet dated 17.12.2015, under Sections 354-D, 506, 509 of IPC 1860 and Sections 66, 66-E, 67 of I.T. Act, 2000 (Annexure P-1) emanating from FIR No.18 dated 03.10.2015, registered at Women Police Station, Sector 51, Gurgaon, under Sections 354-D, 506 of IPC, 1860 (Annexure P-2) and all subsequent proceedings pending before learned JMIC, Gurgaon Courts, Haryana in Crime Challan bearing No.649 of 2016 titled as “State vs. Ankit Bagga” in the light of compromise effected between the parties dated 11.12.2024 (Annexure P-4).
2.
As per facts of the case, complainant prosecutrix gave her statement that she was being troubled, blackmailed and threatened by a boy namely Ankit Bagga. He also threatened to throw acid on her face and he would defame her on social media by posting her obscene messages, pictures and photos. This was happening for the last 07 years when she was 18 years old. Due to the behaviour Sunil Devi 2025.05.26 11:44 I attest to the accuracy and integrity of this document
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of Ankit Bagga, she has undergone lot of mental stress. She was to join her job in Mumbai and the accused threatened to make her life hell. He is also giving her missed calls and causing harassment to her. With these allegations, present FIR has been registered.
3.
Petitioner filed this petition for quashing of aforesaid FIR on the basis of compromise. Vide order dated 24.03.2025, petitioner and respondent No.2 were directed to appear before the trial Court/Illaqa Magistrate for recording their statements on the basis of compromise. Detailed report regarding compromise has been received from the court of Judicial Magistrate Ist Class, Gurugram dated 17.05.2025. Statement of respondent No.2 has been recorded where she confirmed the compromise with petitioner. She confirmed that this compromise has been effected voluntarily and without any coercion and undue influence and she has no objection regarding quashing of FIR.
Learned counsel representing State has filed status report, which is taken on record.
4.
Petitioner- Ankit Bagga also confirmed this fact in his separate statement. Statement of L/ASI Saroj Kumari is also recorded who confirmed that petitioner is not involved or declared as proclaimed offender in any other criminal case.
5.
Therefore, from the report of Judicial Magistrate Ist Class, Gurugram, it is clear that compromise has been effected between the parties without any pressure, coercion or undue influence. They have mutually settled all their claims. They will be able to live in peace and harmony. It will end the litigation started between them. No purpose would be served with the continuation of criminal proceedings. Sunil Devi 2025.05.26 11:44 I attest to the accuracy and integrity of this document
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6.
Gainful reference can be made to the judgment of Larger Bench of Five Judges of this High Court cited in 2007(3) R.C.R. (Criminal) 1052 tilted as Kulwinder Singh and Ors. Vs. State of Punjab and Anr., where it was explained that ‘there can never be any hard and fast category which can be prescribed to enable the court to exercise its power under Section 482 of Cr.P.C. The only principle that can be laid down is the one which has been incorporated in the section itself i.e. to prevent abuse of the process of any court or to secure the ends of justice.’
7.
Therefore, by relying upon the ratio of the aforesaid judgment, no purpose would be served with the continuation of criminal proceedings. Considering these facts, the petition filed by the petitioner is accepted and charge sheet dated 17.12.2015, under Sections 354-D, 506, 509 of IPC 1860 and Sections 66, 66-E, 67 of I.T. Act, 2000 (Annexure P-1) emanating from FIR No.18 dated 03.10.2015, registered at Women Police Station, Sector 51, Gurgaon, under Sections 354-D, 506 of IPC, 1860 (Annexure P-2) and all subsequent proceedings pending before learned JMIC, Gurgaon Courts, Haryana in Crime Challan bearing No.649 of 2016 titled as “State vs Ankit Bagga” are quashed qua petitioner.
(AMARJOT BHATTI )
JUDGE
23.05.2025.
Sunil Devi
Whether speaking/reasoned: Yes/No
Whether Reportable:
Yes/No Sunil Devi 2025.05.26 11:44 I attest to the accuracy and integrity of this document