Punjab-Haryana High Court
Xxxxxxxxxxxx vs Xxxxxxxxxxxx on 27 March, 2026
63373-2025 (O&M)
CRM-M-63373 M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
223
CRM-M-63373-2025 (O&M)
Date of decision:27.03.2026
.2026
Kanishk Tomar @ Happy
...Petitioner
Petitioner
VERSUS
State of Punjab and others
...Respondents
espondents
CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL
Present: Mr. V.K. Pujara, Advocate for
Mr. Yashpal Thakur, Advocate for the petitioner
petitioner.
Mr. Bareen Pratap Singh, AAG, Punjab.
None for respondents No.2 and 3.
****
Shalini Singh Nagpal, J. (Oral)
Petitioner seeks quashing of FIR No. No.11 dated 18.09.2024,, under Sections Section 77, 78, 79 of BNS,, Police Station Cyber Crime, SAS Nagar (Mohali) Punjab, and all subsequent proceedings arising therefrom, on the basis of compromise dated 29.10.2025 said to be arrived at between the parties. Offences under Sections 238 of BNS and Sections 67 67-A and 67-B B of Information Technology Act, 2000, were added during investigation.
2. On 28.01.2026/25.02.2026,, this Court directed the parties to appear before learned trial Court/Illaqa Magistrate for recording of their statements with regard to compromise.
3. In compliance of the aforesaid order, parties appeared before learned Judicial Magistrate Ist Class, SAS Nagar, Mohali, on 02.02.2026/10.03.2026 /10.03.2026. Statement tement of Investigating officer- Inspector KAPIL 2026.03.27 16:39 I attest to the accuracy and integrity of this document 63373-2025 (O&M) CRM-M-63373 M) 2 Amandeep Kaur, No.38/RR, posted as SHO at Police Station Women Cell, SAS Nagar, was recorded on 19.02.2026.. Learned Judicial Magistrate Ist Class, SAS Nagar, Mohali, Mohali has submitted her report recording satisfaction that all the parties have entered into a valid compromise without any influence or coercion. The relevant part of the report in compliance to the order dated 28.01.2026 as under has been submitted:
"2. In pursuance of above said order, complainant Naveen Kumar s/o Sh. Mangal Singh, R/o H.No. Duplex Duplex-12, 12, Gulmohar City Extension, Derabassi, SAS Nagar, Mohali has been recorded on 02.02.2026, wherein, he has stated that he has compromised the matter with accuse accusedd namely Kanishak Tomar with the intervention of respectables of the society. He has placed on record the photocopy of the compromise dated 29.10.2025 Ex.C1 (original of the same is placed on record before the Hon'ble Punjab and Haryana High Court). He has stated that he has no objection, if the FIR No. 11 dated 18.9.2024 registered under Section 77,78,79, 238 of BNS and Section 67-A and 67-B of IT T Act, registered at PS Cyber Crime, SAS Nagar against accused is quashed by the Hon'ble High Court of Punjab andd Haryana at Chandigarh. He has stated that he is giving his statement without any pressure, coercion or any undue influence. He has placed on record self attested photocopy of his Aadhar card for his identification Ex. C3.
3. Similarly, statement of accus accused ed Kanishak Tomar s/o Vinay Kumar. R/o H.No. 216-B, B, Sitalpur, Bhagwala, District Etah (U.P) has been recorded on 02.02.2026, wherein, he has stated that the FIR in question has been got registered by complainant Naveen Kumar s/o Mangal Singh, R/o H.No. Dup Duplex-12, 12, Gulmohar City Extension, Derabassi against him. He has compromised the matter with complainant on 29.10.2025 with KAPIL the intervention of respectables of the society. In pursuance of 2026.03.27 16:39 I attest to the accuracy and integrity of this document 63373-2025 (O&M) CRM-M-63373 M) 3 the said compromise, quashing petition has been filed by him vide CRM-M-63373-2025.
2025. He has seen the photocopy of the compromise deed dated 29.10.2025 Ex. C1 produced by complainant which is true and correct as per the copy of the original. He has heard the statement of complainant in which he has stated that he has no objection tion for quashing of FIR No. 11 dated 18.09.2024 registered under Section 77, 78, 79, 238 of BNS and 67-A, 67-B B of 1.T. Act. PS Cyber Crime, SAS Nagar against him by Hon'ble High Court of Punjab and Haryana at Chandigarh. He has stated that he has given hi hiss statement without any pressure, coercion or any undue influence. He shall remain bound by terms and conditions of the compromise. He has place on record self attested photocopy of his Aadhar card for his identification Ex.C2.
4. Further the statement of IO Amandeep Kaur, 38/RR, posted as SHO at PS Women Cell, SAS Nagarh has been has been recorded on 19.02.2026, wherein, he has stated that he is the Investigating Officer of FIR No. 11 dated 18.09.2024 registered U/s 77, 78, 79, 238 BNS and 67(a) and 67(b) IT Act, PS State Cyber Crime. The present FIR has been registered against accused Kanishak Tomar @ Happy s/o Viney. Tomar. The FIR has been registered on the complaint of complainant Naveen Kumar. No other person has been arrayed as accused in the present case. No proclamation proceeding are pending against any accused. She has identified accused Kanishak Tomar in the Court. No other FIR is registered against the accused person and no other offence has been added or deleted in the present case.
5. From the statements, recorded above, it appears that compromise is genuine and has been effected between the parties willfully and without any pressure or influence from any quarter."
KAPIL 2026.03.27 16:39 I attest to the accuracy and integrity of this document63373-2025 (O&M) CRM-M-63373 M) 4
4. Further in compliance to the order dated 25.02.2026, the learned Judicial Magistrate Ist Class, SAS Nagar, Mohali has submitted her report as under:
under "1. In pursuance of the order dated 25.02.2026 passed by the Hon'ble Punjab & Haryana High Court, Chandigarh, the respondent no.3/victim has been directed to appear before the Ld. Trial Court/Illaqa Magistrate for getting her statement recorded and further Trial Court has been directed to submit fresh report along-with with statement of victim with regard to the validity or otherwise of the compromise so effected between the par parties.
2. In pursuance of above said order dated 25.02.2026, statement of victim Prena Vats d/o Naveen Kumar, R/o Dublex Dublex-100, 100, Gulmohar City, Extension, Derabassi, District SAS Nagar, Mohali has been recorded on 10.03.2026, wherein, she has stated that her father ather Naveen Kumar (complainant) has compromised the matter with the accused namely Kanshik Tomar @ Happy So Vijay Tomar @ Vinay Kumar, R/o Sasni Gate, Aligarh, Uttar Pardesh with the intervention of respectables of the society. After seeing the photocopy of the compromise dated 29.10.2025 which is Ex. Cl (copy of the same is placed on record before the Hon'ble Punjab and Haryana High Court), she has admitted as true and correct. She has further stated that she has no objection, if the FIR No. 11 dated 18.09.2024 9.2024 under Section 77,78,79,238 of BNS and Section 67-A and 67-B B of I.T. Act, PS State Cyber Crime, SAS Nagar is quashed against accused Kanshik Tomar @ Happy s/o Vijay Tomar @ Vinay Kumar, r/o Sasni Gate, Aligarh, Uttar Pardesh. She has stated that she is giving her statement without KAPIL any pressure, coercion or any undue influence. She has placed 2026.03.27 16:39 I attest to the accuracy and integrity of this document 63373-2025 (O&M) CRM-M-63373 M) 5 on record the self attested photocopy of her Aadhar card for her identification Ex. C4 alongwith her passport size photograph.
2. From the statement, recorded above, it appears that compromise is genuine and has been effected between the parties willfully and without any pressure or influence from any quarter."
5. Learned State counsel has not raised any dispute regarding the factum off compromise. Since the matter has been amicably resolved, continuation of the criminal proceedings would be an exercise in futility.
6. Following principles of law laid down by the Full Bench Judgment of this Court in "Kulwinder Singh and others Vs. St State ate of Punjab and another" 2007(3) RCR (Criminal) 1052 and Hon'ble Supreme Court in "Gian Singh Versus State of Punjab and others" (2012) 10 SCC 303,, the petition is allowed.
7. Consequently, FIR No.11 dated 18.09.2024, under Sections 77, 78, 79, 238 of BNS and Sections 67-A A and 67 67-B B of Information Technology Act, 2000, Police Station Cyber Crime, SAS Nagar (Mohali) Punjab, and all consequential proceedings arising therefrom, are quashed qua the petitioners,, on the basis of compromise dated 29.10.2025.
7. Pending applications, if any, stand disposed of.
(SHALINI SINGH NAGPAL) JUDGE 27.03.2026 Kapil Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No KAPIL 2026.03.27 16:39 I attest to the accuracy and integrity of this document