- (1.) THIS Criminal Misc. Petition under Section 482 Cr.P.C. has been filed by the petitioner -Sharad Rathi, with a prayer for quashing the FIR No.213/2013 dated 22.04.2013 of Police Station, Pratap Nagar, District Jodhpur, for the offence punishable under Section 66/67 of the Information Technology Act, 2000 and proceeding in furtherance thereto and in the alternative it is also prayed that the application preferred on behalf of the respondent No.2 -Salim Bagani for withdrawal of criminal complaint may kindly be allowed.
(2.) IT is submitted by learned counsel for the petitioner that on the complaint filed on behalf of the respondent No.2, proceedings under Sections 66/67 of the Information Technology Act, 2000 was initiated against the petitioner. It is further contended by learned counsel for the petitioner that the respondent No.2 and the petitioner have entered into compromise and resolved the dispute between them amicably. Learned counsel for the petitioner has argued that since the parties have entered into compromise, the proceedings under Sections 66/67 of the Information Technology Act, 2000 pending against the petitioner may kindly be quashed.
(3.) LEARNED counsel for the respondent No.2 has contended that the dispute between the respondent No.2 and the petitioner have already been settled and the respondent No.2 has filed an application before the Investigating Officer requesting that on account of compromise arrived between the parties he wants to withdraw the impugned FIR and does not wants to prosecute of the petitioner under Sections 66/67 of the Information Technology Act, 2000 but the Investigating Officer is not paying any heed to the said request. The respondent No.2, present in person also confirms the contention of his counsel.;