UTTARAKHAND HIGH COURT
Ashish Naithani, J
PARWEJ ALAM – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
WPCRL No. 1708 of 2025 | IA No. 01 of 2025
| Table of Content |
|---|
| 1. settlement of financial disputes in cyber fraud cases through restitution. (Para 4 , 5 , 6 , 7 , 8) |
| 2. judicial power to quash criminal proceedings based on compromise and ends of justice. (Para 9 , 10 , 11) |
| 3. conditional quashing of fir and disposal of the writ petition. (Para 12 , 13 , 14) |
Office Notes, reports, orders or proceedings
SL. No. Date or directions COURT’S OR JUDGE’S ORDERS and Registrar’s order with Signatures
4. The present writ petition (criminal) under Article 226 of the Constitution of India filed on behalf of the Petitioner, Parwej Alam S/o Abdul Rahman against the Respondents in particularly Respondent no.3, Jitendra Kumar S/o Shri Kanwarpal Singh; the present writ petition comes with the prayer to quash the impugned F.I.R. dated 21.05.2024 being FIR No.0198 of 2024 under Section 420 of IPC, registered at P.S. Ranipur, District Haridwar on the basis of compromise arrived at between the parties.
5. The Compounding Application (IA No.01 of 2025) is also annexed with the present petition that is supported with the affidavits of the parties and the said application is being endorsed by the learned counsel for the Petitioner and Respondent no.3, Mr. Dharmendra Barthwal, Advocate and Mr. Bhupendra Bisht along with Mr. Tribhuwan Phartyal, Advocates respectively.
6. The Petitioner and Respondent no.3 are present before this Court, who are identified by their respective counsel.
7. As noted earlier, the present matter relates to a cyber crime fraud whereby innocent people have been duped with the hardened money and the present petitioner is from a place known as Jamtara, Jharkhand which has come to light in the past few years that has flooded with cases relating to cyber crimes and digital frauds.
8. After interacting with parties especially with Respondent no.3, he states that the amount of Rs.40,800/- had been deducted from his ICICI credit card, now the same has been paid by the Petitioner to Respondent no.3 and acknowledges the receipt of the said amount and on the basis of which the Respondent no.3 does not want to prosecute the present Petitioner in any manner, therefore, the proceedings and other consequential order, if any, arising out of the F.I.R. in question may be quashed.
9. The learned State counsel strongly objects to the said compounding application with the contention that it is a serious offence and affects the society at large.
10. In view of the principle of law laid down by Hon'ble the Apex Court in the case of “ Gian Singh vs. State of Punjab ” reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 ( Dimpey Gujral vs. Union Territory of Chandigarh ) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if this Court is satisfied with the facts and circumstances of the case.
11. Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings and other consequential order, if any, against the Petitioners are hereby quashed.
12. Learned counsel for the Petitioner submits that the Petitioner is being identified on the basis of Aadhar Card as well as the Pan Card. The Pan Card is not with the Petitioner at present. The present compounding application may be allowed on the condition that Pan Card be submitted along with the Aadhar Card which shall be endorsed by the learned counsel for the Petitioner and secondly, the concerned Police Station of the State in whose jurisdiction in the present FIR No.0198 of 2024 has arisen under Section 420 of IPC at Police Station Ranipur, District Haridwar, shall keep in its radar and scan the activities of the Petitioner, Parwej Alam S/o Abdul Rahman R/o Barmundi, Post Karmatar, District Jamtara, Jharkhand.
13. In view of the above, the compounding application is allowed. The impugned F.I.R. dated 21.05.2024 being FIR No.019
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