Ashwani Kumar And ORS v. State Of Haryana And Another




IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-17617-2021 Date of decision : 29.08.2023 ASHWANI KUMAR AND ORS ....Petitioners

Versus

STATE OF HARYANA AND ANOTHER ....Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Balwinder S. Chahal, Advocate for the petitioners.

Mr. R.K. Ambavta, AAG, Haryana.

Mr. J.S. Dhaliwal, Advocate for respondent No.2.

PANKAJ JAIN, J. (ORAL) Prayer is for quashing of FIR No.349 dated 5th of July, 2019 registered for the offences punishable under Sections 406, 420 IPC, at Police Station Ambala Cantt., District Ambala and all proceedings subsequent thereto.

2.

Counsel for the petitioners refers to the order dated 12th of October, 2020 passed by Additional Sessions Judge, Ambala while granting pre-arrest bail to the petitioner observing as under : "Ld. Counsel for the complainant, vide his separate statement has stated that he has no objection in case the petitioners are granted the concession of anticipatory bail as the matter has been compromised between the parties and full and final payment has been received."

DEEPAK KUMAR 2023.09.01 16:36 I attest to the accuracy and integrity of this document

CRM-M-17617-2021 -22023:PHHC:113487 3.

Counsel for the complainant admits that the factum of there being a compromise between the parties and it is also not disputed that the offences punishable under Section 406, 420 IPC are both compoundable. 4.

In view of above, the present petition is allowed. FIR No.349 dated 5th of July, 2019 registered for the offences punishable under Sections 406, 420 IPC, at Police Station Ambala Cantt., District Ambala and all consequential proceedings arising thereto are hereby quashed qua the petitioners.

August 29, 2023 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2023.09.01 16:36 I attest to the accuracy and integrity of this document