Vivek Sharma v. UT, Chandigarh

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Vivek Sharma v. UT, Chandigarh

Vivek Sharma v. UT, Chandigarh
In the High Court of Punjab & Haryana
CRM-M 25303/2014
Before Justice Ritu Bahri
Decided on August 25, 2014

Relevancy of the case: Quashing of FIR registered under Sections 66A, 67, and 67A after a compromise between the parties

Statutes & Provisions Involved

  • The Information Technology Act, 2000 (Section 66A, 67, 67A)
  • The Code of Criminal Procedure, 1973 (Section 482)

Relevant Facts of the Case

  • This petition is filed for quashing of FIR number 168 registered under the provisions of the Information Technology Act, 2000 mentioned above.
  • The complainant alleged that a fake profile with her name had been created on Orkut and Quickr. On these profiles, a girl’s obscene picture has been uploaded along with the complainant’s mobile number.
  • Due to this, she is receiving calls from unknown callers, and this has caused significant mental harassment.
  • During the pendency of the trail after the presentation of challan, the complainant/respondent number 2 has compromised the matter with the petitioner/accused.

Prominent Arguments by the Advocates

The respondent number 2’s counsel:

  • The complainant has no grudge against the petitioner, and there has been no enmity or ill-will against him. She neither apprehended nor can believe that the petitioner would have posted personal information against her.

Opinion of the Bench

  • The compromise appears to be voluntary and without any undue influence or pressure. Given the ratio of judgement laid down by the Hon’ble Supreme Court in the case of Madan Mohan Abbot v. State of Punjab (2008 (2) RCR (Criminal) 429) along with the law laid down by this court’s full bench in the case of Kulwinder Singh v. State of Punjab (2007 (3) RCR (Criminal) 1052), no useful purpose would be served in prolonging the litigation.

Final Decision

  • FIR number 168 is quashed with all consequential proceedings arising therefrom qua the petitioner. The instant petition is disposed of being allowed.

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