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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 249 CRM-M-48952-2024 (O&M) Date of decision : 25.03.2025 Sumit
….Petitioner V/S State of Haryana and another
….Respondents CORAM :
HON'BLE MR. JUSTICE NAMIT KUMAR Present: Mr. Sanjeev Majra, Advocate for the petitioner. Mr. Ramender Singh Chauhan, A.A.G., Haryana. Mr. Shokeen S. Verma, Advocate for respondent No.2. **** NAMIT KUMAR
, J. (ORAL)
1. The petitioner has filed the instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.15 dated 26.01.2020 registered under Section 354-D of Indian Penal Code, 1860 and Sections 66C, 67 & 67A of Information Technology Act, 2000 at Police Station Cyber Crime, Gurugram and all other consequential proceedings arising therefrom on the basis of compromise dated 18.09.2024 (Annexure P-1) arrived at between the parties.
2. Although, in compliance with order dated 21.10.2024 passed by this Court, the parties had appeared before the Trial Court and recorded their statements qua the compromise and report to this effect has also been received from learned Additional Chief Judicial Magistrate Gurugram through learned District and Sessions Judge, Gurugram, however, learned State counsel, on instructions, submits that Vinod Kothiyal 2025.03.25 18:27 I attest to the accuracy and authenticity of this document
CRM-M-48952-2024 (O&M) -2- there are total 02 accused namely Sumit (the petitioner) and Gulshan and the other accused Gulshan is not a party in the present petition and in view of the law laid down by the Division Bench of this Court in Rakesh Das Vs. State of Haryana : 2024(4) Law Herald 3141, the petition filed for quashing of FIR on the basis of partial compromise is not maintainable.
3. Faced with this situation, learned counsel for the petitioner wishes to withdraw the present petition with liberty to file fresh one on the same cause of action with better particulars on behalf of all the accused.
4. Dismissed as withdrawn with liberty aforesaid. 25.03.2025
(NAMIT KUMAR) kothiyal
JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No Vinod Kothiyal 2025.03.25 18:27 I attest to the accuracy and authenticity of this document