High Court of Punjab and HaryanaCRM-M/41018/2016dismissed

Ajmer Singh v. State Of Punjab

2016-11-18Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-41018 of 2016 (O&M) Date of Decision: November 18, 2016 Ajmer Singh Nambardar

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.A.S.Barnala, Advocate for the petitioner.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 482 Cr.P.C. against State of Punjab, for quashing of FIR No.22 dated 29.07.2012 under Sections 420, 465, 467, 468, 471, 474 and 120-B IPC registered at Police Station Thuliwal, District Barnala and all the subsequent proceedings arising out of the said FIR qua the present petitioner. Learned counsel for the petitioner mainly argued only on one point that a compromise has already been effected between other co-accused and the complainant and FIR qua them has already been quashed by way of compromise. He further argued that present petitioner is attesting witness to the document, therefore, the FIR should also be quashed qua him. I have heard learned counsel for the petitioner and have gone through the record.

Vineet Gulati 2016.11.23 17:02 I attest to the accuracy and authenticity of this document Chandigarh From the record, I find that it is admitted fact that FIR has not

CRM No.M-41018 of 2016 -2been quashed qua the present petitioner on the basis of the compromise. The mere fact that FIR has been quashed against co-accused, is no ground for quashing the FIR qua the petitioner. Nothing has been argued that how the FIR is liable to be quashed only on this ground. No law has been cited by learned counsel for the petitioner that FIR is to be quashed. Against the present petitioner, challan has already been presented, charges have already been framed and the trial Court has already taken the cognizance. In no way, it can be held that FIR and subsequent proceedings are abuse or process of law and amounts to miscarriage of justice. Therefore, finding no merit in the present petition, the same is dismissed.

November 18, 2016 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2016.11.23 17:02 I attest to the accuracy and authenticity of this document Chandigarh