Veer Davinder Singh v. State of Punjab
In the High Court of Punjab & Haryana
Cr. Misc. M-31314/2013
Before Justice Inderjit Singh
Decided on September 25, 2014
Relevancy of the case: Quashing of FIR after a compromise between parties in a case involving fraudulent transfers
Statutes & Provisions Involved
- The Information Technology Act, 2000 (Section 66, 66C, 66D)
- The Indian Penal Code, 1860 (Section 420, 465, 467, 468, 471, 120B)
- The Code of Criminal Procedure, 1973 (Section 482)
Relevant Facts of the Case
- The petitioner seeks to quash FIR number 11 of 2012 as there has been a compromise between the parties.
- The complainant filed an FIR as ₹ 71,159 were withdrawn from his savings bank account. These transactions were fraudulent.
- On investigation, the police found that these transactions were carried out from an IP address belonging to the petitioner.
- Considering that the subject matter in this FIR is related to money, the court directed the parties to appear before the Illaqa Magistrate.
- The Chief Judicial Magistrate recorded the statements and concluded that the parties have arrived at a compromise without any pressure or coercion.
Opinion of the Bench
- In a compromise, none of the parties is a loser. Compromise not only brings peace and harmony but also restores tranquillity in society. After considering the nature of offences allegedly committed, continuing criminal prosecution would be a futile exercise.
- FIR number 11, dated August 04, 2012, registered at the Punjab State Cyber Crime Police Station, along with all subsequent proceedings, was quashed.