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High Court of Punjab and HaryanaCRM-M/14186/2025disposed of

Anuj Dang And Others v. Ut Chandigarh And Others

2025-05-19Mr. Justice Sanjay Vashisth2 pages

CRM-M-14186-2025 - 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-14186-2025 Decided on : 19.05.2025 Anuj Dang and others . . . Petitioner(s)

Versus

UT Chandigarh and others . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Ms. Rashima Sharma, Advocate for the petitioner(s).

Mr. Manish Bansal, PP, UT Chandigarh with Mr. Sameer Rathore, APP, UT Chandigarh.

**** SANJAY VASHISTH , J. (Oral) 1.

On 08.04.2025, following order was passed:- "1.

Court is apprised that in the present quashing petition, on 17.03.2025, following order was passed:- "1.

Prayer in the present petition under Section 528 of BNSS (earlier Section 482 of Cr.P.C.) is for quashing of FIR No.006 dated 05.03.2025 under Sections 420, 120-B IPC, registered at Police Station Sector Economic Offence Wing (EOW) Chandigarh (Annexure P-1) and all consequential proceedings arising therefrom. 2.

Inter alia contends that private respondents/victims had in fact invested the amount to earn profits and suffered loss due to unexpected results. By twisting the facts, the colour of committing criminal offence has been given by them.

3.

Rather, in pursuance to the agreement dated 05.12.2024 (Annexure P-2) total amount of Rs.60,50,000/- against the total investment of Rs.20 lakhs made by the respondents, has been paid back. Thus, the FIR has been got lodged only after failure of the petitioner to pay back the complete amount or to follow up with terms of the compromise. Dispute, if any, is of civil nature and not of criminal.

4.

Counsel further submits that as per instructions received by her, entire amount has been paid back.

5.

Notice of motion for 08.04.2025.

Notice re: stay as well.

To be shown in the urgent list."

Mr. Anmol Chandan, Advocate, puts in appearance on behalf of respondent Nos.2 & 3 and has filed his Power of Attorney in Court, which is taken on record.

2.

Mr. Munish Bansal, P.P. U.T. Chd., states that cancellation report has already been prepared and the same is to be submitted before the concerned Court.

JAWALA RAM 2025.05.21 17:26 I attest to the accuracy and authenticity of this document

CRM-M-14186-2025 - 2 - 3.

Upon this, petitioners' counsel submits that in fact, it is a case in which petitioners have been harassed and victimized at the instance of U.T. Police. In support of the submissions, it is explained that an amount of Rs.20 lakhs was invested by the complainant in the year 2016 and an amount of Rs.60 lakhs had been paid by the petitioners herein to the complainant uptill 10.03.2025.

A settlement had been executed in writing before the police and despite of acknowledging each and every proceeding and the fact that huge amount had already been paid back to the complainant, police went on to register the criminal case.

List on 06.05.2025.

To be shown in the urgent list.

Let final report be submitted to concerned Court and thereupon status report be filed before this Court."

2.

Learned PP, UT Chandigarh, has filed the status report dated 17.05.2025 in Court today, which is taken on record, subject to all just exceptions. Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the petitioner.

3.

While reading paragraph No.5 of the aforesaid status report, learned PP, UT Chandigarh submits that after preparing the cancellation report, same has been submitted before the learned trial Court on 05.05.2025.

4.

Let the final decision in regard to cancellation report be taken by the Court concern within a period of six weeks from today, in accordance with law, failing which, it will be open for the petitioner to seek revival of present petition, by moving an appropriate application. 5.

Disposed of in above terms.

(SANJAY VASHISTH) JUDGE May 19, 2025 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2025.05.21 17:26 I attest to the accuracy and authenticity of this document