You can go for quashing if not quashed you need to face the trial and contest the case

section . 143 of Railway Act, 1989 contains provisions for imposing of penalty for unauthorized carrying on of business of procuring and supply of railway tickets.

This offense is bailable since the maximum punishment is of three years imprisonment or with fine.

If any person purchases or sells or attempts to purchase or sell tickets with a view to carrying on any such business either by himself or by any other person, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees, or with both, and shall also forfeit the tickets which he so procures, supplies, purchases, sells or attempts to purchase or sell:

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in judgment of the court, such punishment shall not be less than imprisonment for a term of one month or a fine of five thousand rupees.

The criminal offence if tried and found guilty the court may impose fine or even sentence you, whatever, this will certainly reflect in the police verification report for your visa application.

Hence you better contest the case and get the case either quashed  before high court on the support of documentary evidences in your support and merits on your side or by challenging the case in the trial court.

section 143 (1) b) provides that any person purchases or sells or attempts to purchase or sell tickets with a view to carrying on any such business either by himself or by any other person, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees, or with both, and shall also forfeit the ticket which he so procures, supplies, purchases, sells or attempts to purchase or sell:

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than imprisonment for a term of one month or a fine of five thousand rupees."

2) you should contest case on merits . if convicted you would be sentenced to imprisonment of at least one month or Rs 5000 fine

3) your defence should be 

A person in view of the aforementioned provision can be said to have committed an offence if he has been carrying on a business. The expression “business” implies continuity.

4) you are college student and was not carrying on any business of selling tickets 

5)the registration of the user ID with IRCTC is regulated by the terms and condition of the IRCTC. If there is any violation by use of such facility with the IRCTC, it is open for IRCTC to take appropriate action to de-register such registered users. Misusing a user ID for purchasing a ticket by genuine person is not an offence as contemplated under Section 143 of the Act. There is no sale of ticket by the petitioner as even admitted in the counter, the sale is being conducted by IRCTC. The use of computer or use of printer for printing ticket purchased by a traveller cannot be deemed as sale effected by the owner of the computer or printer. Procuring tickets has to be understood as providing or giving tickets to the travellers. Admittedly tickets are procured by the genuine travellers. When legislature considered an actionable wrong in a particular manner in a brick and mortar business, it cannot be applied to an online business unless all elements constituting the offence are present in the online business. The offence is not attracted even if one has to assume that action of the accused would amount to supplying tickets.

1. IF documentary evidences are found from you and IF witnesses have given statements to Police, against alleged illegal bookings /usage, THEN there is hardly any scope of defense left, BUT to rebut it during Trial Proceedings, with counter-documentary evidences and breaking of Witnesses.

2. The Matter would surely go for Trial, leading to Penalty /Imprisonment, and Trial periods depends on the work load of the Court /Adjournments /availability of Witnesses & Prosecution & Accused persons, Court Holidays & Absenteeism etc....

3. You are advise to admit issue in court (in the first instance) as a inadvertent first time error in life & pay penalty and pray to the Court to close the matter. IF only Penalty is levied, THEN it won't have any bearing for Govt jobs /Foreign Study or Jobs, for such trivial issues and needs convincing the relevant authorities.

4. No point to proceed for Quashing petition in HC, since such trivial matter will be remanded back to lower court with directions to conduct trial within a time frame.

1. Since you know the fallout of plea bargaining there is no point of discussing this issue anymore.

2. Since the burden of proof lies on prosecution you must face the prosecution and defend yourself in the trial.

3. The proofs you have mentioned seems too scant to enable the court to find you guilty applying the rule of proof beyond reasonable doubt.

4. However do note that facing prosecution is enough to debar you from getting many pubic employment even thoug you come out acquitted. 

1. you have no other option except to face/defend the litigation,

2. grounds depends upon the actual facts of the case, engage a prudent counsel and consult your case minutely for defense,

3. verdict depends upon the merit of the case,

4. usually the case will take a time span of 2-3 years and maybe more,

5. Court view cannot be ascertained, 

 you can opt for the discharge in trial court (239 Crpc) or quash in the concerned High Court

Section 143 of Railway Act, 1989 contains provisions for imposing of penalty for unauthorized carrying on of business of procuring and supply of railway tickets. If any person purchases or sells or attempts to purchase or sell tickets with a view to carrying on any such business either by himself or by any other person, he shall be punishable with imprisonment.

This offense is bailable since the maximum punishment is of three years imprisonment or with fine of Rs. 10,000.00 or with both and for a second repeat of the same offence attracts but if some viable explanation is given before the special court then the punishment can be reduced to term of imprisonment of two months.

Please do understand that If any person not being a railway servant or an agent authorised in this behalf (a) sells or attempts to sell any ticket or any half of a return ticket; or (b) parts or attempts to part with the possession of a ticket against which reservation of a seat or berth has been made or any half of a return ticket or a season ticket, in order to enable any other person to travel therewith, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both, and shall also forfeit the ticket which he sells or attempts to sell or parts or attempts to part.

In your case better never choose plea bargain. It is the duty of the prosecution to prove their case through independent witness. Take a contention that you are not procuring the business of selling tickets. Meet a good Lawyer

Dear Sir, 

The punishment for said offence is Fine of Rs. 5000 and one month imprisonment minimum and Fine of Rs. 10000 and 3 years of imprisonment. As per your input, you have the confessed and there are some witnesses also in the prosecution. During trial, you may deny your confession and also cross examination your the witnesses to discredit their witness. But, the recovery from your phone and computer and id can't give you benefit. In this circumstances, you are suggested to go with high court judgment and file the quash petition. 

Background Facts:

• Your brief stipulates that you was booked for offences under section 143 of Railways Act, 1989.
• As per the background story your house was raided computer/other digital equipment and some Tatkal tickets were recovered from you which are subsequently seized by the investigating officer.
• Statements of your clients/travellers was recorded wherein they deposed that extra money was paid by them over the base price of ticket.

issues/Concerns behind query

1. Due to pendency of this criminal prosecution or subsequent conviction on merits or plea bargaining will lead to  difficulty in pursuing your further studies in abroad (Preferably Canada).
2. Therefore you want to get out of this case by clean aquitted either by quashment of complaint or speedy disposal of trial (based on evidence) leading to your aquittial.  
3. You sought opinion on merits as well.

Legal Opinion

In the totality of facts I am of the considered opinion as under:

1. Offence is Under Section 143 of Railway Act, 1989. Triable by Judicial Magistrate First Class. Punishable by imprisonment for the term which may extend to maximum 3 years and minimum of 1 month (Can be waived assigning special reason by Court) or a fine of INR 5000/- (Hence this case would tried as Warrant Trial Ref. Section  2(x) of Cr.P.C.). No sanction for prosecution is required in this case. Complaint has to be filed as contemplated in Railway Act, 1989. 
2. 
   As instant case is warrant case early escape can be made at the stage of framing of charges on complaint made or chargesheet or report submitted to court of JMFC by RPF or Complaint will be quashed by Hon'ble High Court when no prima facie offence is made out. Therefore before going upon merits or evidence of case we require to ascertain ingredients of offence u/s 143 of Railway Act, 1989. Therefore minute examination of provision is necessary 

   "143.Penalty for unauthorised carrying on of business of procuring and supplying of railway tickets.— (1) If any person, not being a railway servant or an agent authorised in this behalf,—

   (a) carries on the business of procuring and supplying tickets for travel on a railway or from reserved accommodation for journey in a train; or

   (b) purchases or sells or attempts to purchase or sell tickets with a view to carrying on any such business either by himself or by any other person,

   he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees, or with both, and shall also forfeit the tickets which he so procures, supplies, purchases, sells or attempts to purchase or sell:

   Provided that in the absence of special and adequate reasons to the contrary to be mentioned in judgment of the court, such punishment shall not be less than imprisonment for a term of one month or a fine of five thousand rupees"

3. On perusal of provision ingredients for offence is sale and purchase/ Supply and procurement of railway tickets with the object of carrying out business.Therefore while investigation RPF should establish the prima facie case against you with help of documents and witness that you have Made procurement or purchase and further made sales or supply to fulfil the motive of business. Now business for the purpose of Railway Act, 1989 is not defined but Hon'be Supreme Court in Case of State of M.P. vs Mukesh & Ors reported in (2006)13SCC197 while considering case under section 143 of Railway Act, 1989 in para 16 described the term "Business".
4. As you have mentioned in your brief that (a.) about 12 tickets were seized from you, (b.) person travelled on that tickets have been examined wherein they have deposed against you stating that you have charged them extra over base prices for booking the tickets and (c.) You have made confessions to RPF. In these circumstances you cannot be discharged nor this prosecution can be quashed from High court u/s 482 of Cr.P.C.
5. Although you have not mention any title or citation of case law of Chattisgarh High Court. Let me make it clear any Judicial Precedent from Chattisgarh High Court have any binding precedence over courts in Madhya Pradesh they will only have persuasive value.
6. The only way out for you at earliest juncture is careful professional cross examination of complainant officer in evidence before charge which can shake prosecution case. Contesting Case may lead to your acquittal. Trial of case depends upon the quantum/quantity of evidence, considering court circumstances and your brief it may take two years or more.

1. You should contest the case on ground that tickets was booked for your friends and no extra money was taken for booking of tickets. 

2. You should talk to the independent witnesses so that they give statement in your favour in court and deny that you have taken extra money for booking of tickets. 

3. Plea Bargaining will list you as convict during police verification for visa purpose. 

4. Case can take around 1 year to dispose off but it will be beneficial for you if witness dispose in your favour. 

The obvious course of action in such a scenario is to file a quashing petition however that remedy stands exhausted for you. You Could either take it to the Supreme Court or the other alternative is to file a petition in the High Court seeking direction for conduct of a fair and speedy trial which is guaranteed by the Indian Constitution. You can have a the time frame fixed in which the trial Court will have to dispose of the matter.. 

The petition for quashing may be taken up for disposal if the notice served on the respondent is filed immediately by the respondent, in such a situation it may not take more than a month for disposal.

If the charge sheet has been submitted before court then you can file a discharge petition  on the grounds you may rely upon 

You may take it up during trial proceedings.

If the witnesses are your relative then they can give evidence in your favor in the trial proceedings, by this the case will get dismissed for the prosecution not proving the cae beyond doubt. 

Yes you can try discharge also simultaneously with quashing if the same is pending before HC

1. IF you have already filed "quashing petition" in HC, THEN obtain certified copy of Daily Proceedings (Roznama) and submit the same via a proper application to the Trial Court on next date. The Trial proceedings would be kept in abeyance by Trial Court.

2. Two Proceedings for same matter, never can be conducted simultaneously.

1) quashing of FIR  may take 5 years or so as HC is over burdened with cases 

2) in alternative you can contest case before trial court rely upon judgment of HC cited by you 

3) wait for filing of charge sheet then take a call 

Dear sir, 

As per above quoted judgment, the RPF is not empowered to file the charge sheet. In your case, is charge sheet filed or not? If filed by RPF use the judgement and get the case quashed. In other instances also, use section 239 of Cr PC for your benefit. Also, the tickets bought by you for family and friends, can't be regarded as being sold commercially or for gain by any means. In all the situations, you are suggested to go for the quashing of FIR itself and don't wait for charge sheet. Even the charge sheet is filed by RPF, you will have a upper hand in quashing case.   

Both quashing and trial can not go simultaneously f there is a stay order passed by the high court.

Before the submission of charge sheet filing a quashing petition is likely to be a futile exercise.

Do note that allowing quashing petition is rarity and dismissal of it s Rule . Quashing proceeding is no mini trial and hence the court would not determine which one is true , more so, if there is prima facie disclosure of offence on the FIR.

Follow Up Questions Answered as Under:

A. How long should I expect the High Court quash application to take, any time frame? This CG High Court Order is my premise for this quashing?


http://highcourt.cg.gov.in/Afr/courtJudgementandAFR/2014/Sep/CRR37of4.pdf

Answer: Law laid in CG High Court Judgement is "Officer of Railway Protection Force is not entitled to initiate prosecution by filing charge­ sheet under Section 173 of Cr.P.C. for offence punishable under Section 143 of the Railways Act, 1989". Jurisdiction and procedural issue is decided at stage of revision after adjudication of trial and appeal. Hence this case does not have any applicability to your case at this stage. 
If case of quashment of complaint is filed at High Court it may be decided probably within three hearings or 3 months.

B. Does Section 239 CRPC hold applicable for my case? Can a quash case and the trial case run simulatenously?

Answer: Section 239 does not have any applicability to your case it pertains to Session Trial but your is warrant trial triable by Judicial Magistrate First Class.

C. Also the witness they have questioned are all my friends or family, RPF presurised me to help them get their statements, and I proceeded with this. Only three out of the 12 ticket travellers have been questioned. The charge sheet is about to be filed.

Answer: Then you have good case at merits and there absolute chance of getting acquitted or discharged on examination of witness. 

 Did you file Quashing the FIR or Charge sheet.

The Supreme Court has recently ruled that the High Courts can quash an FIR against a person if it did not prima facie disclose any offence. if upon the admitted facts and the documents relied upon by the complainant or the prosecution and without weighing or sifting evidence, no case is made out, the criminal proceedings instituted against the accused are required to be dropped or quashed", the bench said. Where the allegations in the FIR or the complaint or the accompanying documents taken at their face value, do not constitute the offence alleged, the person proceeded against in such a frivolous criminal litigation has to be saved

In your case you are caught with red hand. It is not easy to quash your case.

there can be no definite timeline for quashing, but it may take six month to one year depending on the facts and circumstances of the case