High Court of Punjab and HaryanaCRM-M/20805/2024dismissed

Neelam Anand v. State Of Haryana And Others

2024-07-09Mr. Justice Jasjit Singh Bedi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 207-6 CRM-M-20805-2024 Date of decision: 09.07.2024 NEELAM ANAND .... PETITIONER(S)

VERSUS

STATE OF HARYANA AND OTHERS ...RESPONDENT(S) CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Dharam Bir Bhargav, Advocate with Ms. Gauri Handa, Advocate and Mr. Kulwinder Singh, Advocate for the petitioner.

Mr. Manish Dadwal, AAG, Haryana.

**** JASJIT SINGH BEDI, J. (Oral) The prayer in this 2nd petition under Section 482 Cr.P.C. is for quashing of the FIR No.157/2007 dated 30.05.2007 (Annexure P-1) registered under Sections 420, 406, 409, 415, 468, 471, 34 and 120-B of IPC at Police Station DLF City Phase-II Gurgaon on the basis of the compromise which has been arrived at between the parties vide order dated 01.05.2012 (Annexure P-4) passed by the Hon'ble Supreme Court and order dated 11.12.2015 (Annexure P-8) passed by the Bombay High Court along with all subsequent proceeding arising therefrom. 2.

The learned counsels for the petitioner/complainant contend that in terms of the compromise entered into between the parties, the complainant was at liberty to file a petition for quashing of the FIR. Reliance is placed on the order of this Court in the case of Akash Bansal and others Versus State of Haryana, CRM-M-36941-2019, decided on 20.01.2020.

KUSUM 2024.07.10 16:13 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD

CRM-M-20805-2024 -23.

I have heard the learned counsel for the parties. 4.

The petition is indeed strange inasmuch as the complainant has come for quashing of the FIR even though the accused ought to have filed the said petition as the FIR stands registered against them. On being asked as to why the accused persons could not file a petition for quashing of the FIR, no satisfactory answer has been given. Further, in the order of Akash Bansal (supra), the petitioners were the complainant and the accused. In the instant case, only the complainant has filed a petition for quashing and not the accused.

In view of the above, the present petition stands dismissed. 6.

However, the accused are at liberty to approach this Court by way of filing of an appropriate petition for quashing of the FIR on the basis of a compromise if so advised.

(JASJIT SINGH BEDI) JUDGE 09.07.2024 Kusum Whether speaking/reasoned Yes/No Whether Reportable Yes/No KUSUM 2024.07.10 16:13 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD