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2025 Supreme(Online)(UK) 173043

UTTARAKHAND HIGH COURT
Ashish Naithani, J
PARWEJ ALAM – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
IA No.01 of 2025 | WPCRL No. 1708 of 2025



Advocates:
For the Appellants/Petitioners: Dharmendra Barthwal
For the Respondents: Rakesh Negi, Bhupendra Bisht, Tribhuwan Phartyal

Criminal proceedings for cheating under Section 420 IPC may be quashed by the High Court under Article 226 of the Constitution if a compromise is reached between the parties and the court is satisfied that such an order meets the ends of justice.

Headnote:The petitioner filed a writ petition under Article 226 of the Constitution of India seeking to quash an FIR registered under Section 420 of the IPC concerning a cyber crime fraud. The facts reveal that the petitioner had allegedly duped the respondent of Rs. 40,800, which was subsequently reimbursed, leading to a compromise between the parties. The court noted the prevalence of cyber frauds from certain regions but acknowledged the settlement. The primary issue was whether the criminal proceedings could be quashed based on a compromise in a case of digital fraud. The court relied on the ratio decidendi established in Gian Singh vs. State of Punjab and Dimpey Gujral vs. Union Territory of Chandigarh, stating that criminal proceedings can be quashed if the court is satisfied with the facts and circumstances to meet the ends of justice. 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, is hereby quashed.

Table of Content
1. parties reached a settlement and reimbursement of funds in a cheating case. (Para 4 , 5 , 6 , 8)
2. balancing the nature of cybercrime with the judicial power to quash based on precedent. (Para 7 , 9 , 10)
3. quashing of fir to meet ends of justice subject to identity verification and police monitoring. (Para 11 , 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.0198 o

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