Mohit v. State Of Haryana And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-22519-2023 (O&M) Date of Decision:-31.7.2024 Mohit ... Petitioner

Versus

The State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. B.S. Saroha, Advocate for the petitioner. Mr. Neeraj Sheoran, DAG, Haryana.

None for respondent No.2.

***** GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner has approached this Court seeking quashing of FIR (Annexure P-1) and all consequential proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

In the present case, one Bhushan is arrayed as respondent No.2, who is stated to be the complainant. However, this Court finds that the FIR in question has been lodged by said Bhushan not in his personal capacity, but while representing the complainant-company i.e. M/s Atlas Construction Private Limited.

3.

On the last date of hearing, this Court had passed the following order:- "Counsel appearing for respondent No.2/complainant requests for an adjournment to bring on record a copy of the authority letter issued by Pankaj Kakkar 2024.07.31 18:20 I attest to the accuracy and authenticity of this document

CRM-M-22519-2023 (O&M) ( 2 ) M/s Atlas Construction Pvt. Ltd. in his name, authorizing him to enter into a settlement.

List on 19.02.2024."

4.

Learned counsel for the petitioner submitted that he has been unable to find out the present whereabouts of the company.

5.

In view of the aforestated position, wherein this Court finds that complete particulars of the company, which would actually be the aggrieved party, not having fully disclosed, the instant petition for quashing of FIR on the basis of compromise cannot be entertained.

6.

At this stage, learned counsel for the petitioner submitted that he may be permitted to withdraw the present petition with liberty to file afresh in case he is able to get complete particulars of the complainant/company. 7.

In view of the aforesaid submission, the present petition is dismissed as withdrawn with liberty aforesaid.

8.

It is, however, directed that as and when any subsequent petition seeking quashing of FIR on the basis of compromise is filed in this Court, a copy of this order shall be annexed with such petition. 31.7.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.07.31 18:20 I attest to the accuracy and authenticity of this document