Farhim And Others v. State Of Haryana And Others
2024:PHHC:057134
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CRM-M- 15022-2021
Date of Pronouncement:25.04.2024
FARHIM AND OTHERS
...Petitioners
VERSUS
STATE OF HARYANA AND OTHERS
...Respondents
CORAM:
HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present:
Ms. Kompal Arora, Advocate for Mr. Ravi Kamal Gupta, Advocate for the petitioners.
Mr. G.S. Dhillon, AAG, Haryana SANDEEP MOUDGIL, J.(ORAL) 1.
Prayer in the present petition filed under Section 482 Cr.P.C., is for quashing of Kalandra under Sections 107/150 Cr.P.C., registered vide DD No. 34 dated 07.01.2021 at Police Station Dhauj, Faridabad (Annexure P/23) alongwith all the consequential proceedings arising therefrom. 2.
Status report by way of affidavit of Surender Sheoran, HPS, Assistant Commissioner of Police, Mujessar, District Faridabad on behalf of respondents No. 1 and 2 has already been filed. The same is taken on record. 3.
The relevant para No.4 of the status report reads as under:- "That it is further submitted that on 03.02.2020, the petitioner Farhim prepared fake documents of marriage and by misrepresenting before the learned District & Sessions Judge, Faridabad, vide Protection Petition bearing CIS No. 29 of 2020, sought protection from the Ld. District & Sessions Judge, Faridabad by mentioning the age of his daughter as 21 yearfs. The complainant produced school certificate of his daughter before the Ld. District & Sessions Judge, Faridabad, wherein date of birth of his daughtger has been written as 06.05.2004. However, joint statement has
-2CRM-M- 15022-2021 2024:PHHC:057134 been made by respondent No.4 to 16 in the said protection petition that they will not cause any harm to the petitioners of the protection petition. After recording the joint statement of both the petitioners, they had withdrawn the protection petition by submitting that they no longer feel any apprehension to their life. Hence, in view of the statement made by the petitioners, the protection petition was dismissed as withdrawn vide order dated 10.02.2020 by ld. District & Sessions Judge, Faridabad."
4.
Perusal of the same reveals that the protection petition was dismissed as withdrawn by the petitioners vide order dated 10.02.2020 passed by Ld. District & Sessions Judge, Faridabad and in para No.9 5.
Learned State counsel has placed reliance upon the receipt No. 3462 dated 15.06.2023, vide which costs amounting to Rs.1,00,000/- as imposed, vide order dated 11.05.2023 by this Court, has been deposited. 6.
Further, the relevant para No.7 of the Status report reads as under:- "That since the period of six months of Kalandra has been expired, therefore, Kalandra (Annexure P-23) has been closed and consigned to records by Deputy Commissioner of Police, NIT, Faridabad-cumExecutive Magistrate, vide order dated 12.07.2021." 7.
Learned State counsel submits that since Kalandra stands closed and consigned to the records by Deputy Commissioner of Police, NIT, Faridabad, vide order dated 12.07.2021, nothing survives in the present petition and the same has become infructuous.
-3CRM-M- 15022-2021 2024:PHHC:057134 8.
In view of the aforesaid statement, the instant petition is disposed of as having been rendered infructuous. ( SANDEEP MOUDGIL ) JUDGE 25.04.2024 dinesh 1.Whether speaking/reasoned?
Yes 2.Whether reportable?
No