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2025 Supreme(Online)(P&H) 21909

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DINESH SHARMA – Appellant
Versus
STATE OF HARYANA AND ANOTHER – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: 03.12.2025 Dinesh Sharma ........Petitioner VERSUS State of Haryana and another .......Respondent CORAM HON’BLE MR. JUSTICE SUBHAS MEHLA Present Mr. Harsh Rana, Advocate and Mr. Anil Kumar Rana,Advocate, for the petitioner.

Mr. Ashwani Bhatia, Asstt. AG, Haryana.

Mr. Ram Lal Yadav, Advocate, for respondent No.2-wife ***

SUBHAS MEHLA, J (ORAL)

1. Prayer in this petition is for quashing of FIR No.0183, dated 25.09.2024 registered under Section 66C of Information Technology (Amendment) Act, 2008 registered at Police Station Cyber Manesar, District Gurugram, Haryana (Annexure P-1) and all subsequent proceedings arising therefrom on the basis of compromise dated 04.10.2025 (Annexure P-2)

arrived at between the parties.

2. The above stated FIR was registered on the statement of the complainant/respondent No.2-Uma.

3. On notice of motion, respondent No.2 appeared in the Court through her counsel and pleaded that she has no objection if the FIR in this case is quashed on the basis of the aforesaid compromise, which has been effected between the parties.

4. During the course of preliminary hearing, the trial Court/Illaqa Magistrate was directed to record the statements of all the concerned parties with regard to genuineness and validity or otherwise of the aforesaid compromise.

5. In compliance thereof, report from the Court of learned Judicial Magistrate 1st Class, Gurugram along with statements of the parties has been received, in which, it is mentioned that the compromise is genuine and there was no undue influence or coercion from any side.

6. This Court has heard learned counsel for the parties.

7. Learned counsel for the petitioner and for respondent No.2 are ad idem that in view of the settlement effected between the parties, the present petition deserves to be accepted. It has also come on record that the aforesaid compromise is genuine and the parties effected the same without any undue influence or coercion.

8. In view of the fact that the matter is between husband and wife and they have sorted out the same; even the divorce petition between the parties is at second motion stage, nothing remains to be adjudicated further in the present case. Thus, continuation of the criminal proceedings between the parties would be a futile exercise and sheer wastage of time of the Court and thus, amounts to abuse of process of law.

9. For the reasons afore-stated and having regard to the law laid down by Hon'ble Apex Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Five Judges Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052, this petition is allowed and FIR No.0183, dated 25.09.2024 registered under Section 66C of Information Technology (Amendment) Act, 2008 registered at Police Station Cyber Manesar, District Gurugram, Haryana (Annexure P-1) and all the subsequent proceedings are hereby quashed qua the petitioner, subject to payment of Rs.10,000/- as cost, to be deposited with Haryana State Legal Services Authority, Panchkula, in account No.11901238123 IFSC Code:SBIN00004172, State Bank of India, Sector-14, Panchkula.

10. Receipt regarding deposit of aforesaid cost be produced before the Court concerned. It is made clear that if cost is not deposited within a period of one month i.e. upto 03.01.2026, present petition shall be deemed to be dismissed.

03.12.2025 (SUBHAS MEHLA)

mamta JUDGE

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