High Court of Punjab and HaryanaCRM-M/25825/2022disposed of

Urmil Mittal And ORS v. State Of Haryana And Another

2023-10-30Mr. Justice Deepak Gupta6 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH ****

Reserved on: 17.10.2023

Pronounced on: 30.10.2023 **** URMIL MITTAL AND OTHERS . . . . Petitioners Vs.

STATE OF HARYANA AND ANOTHER . . . . Respondents **** CORAM: HON'BLE MR JUSTICE DEEPAK GUPTA **** Present: - Mr. Vikas Gulia, Advocate, for the petitioners. Mr. Vipul Sherwal, AAG, Haryana.

None for respondent No.2.

**** DEEPAK GUPTA, J.

Petitioners No.1 to 3 are the directors of petitioner No.4 - Shreyash Retail Pvt. Ltd. By way of this petition filed under Section 482 CrPC, petitioners have prayed for quashing of FIR No.0562 dated 29.09.2021 (Annexure P1) registered at Police Station Sector 32-33, Karnal, under Sections 406/409/417/420 IPC along with all the subsequent proceedings arising therefrom.

It is contended by ld. Counsel that same FIR qua coaccused-Flipkart Internet Private Limited, has already been quashed by a Coordinate Bench of this Court vide order dated 03.05.2023 passed in CRM-M-11222-2022, after the claim of the complainant-respondent No.2 was duly satisfied.

As the paper-book reveals, complaint was filed by respondent No.2 Dr. Aarushi Singh in the Court of ld. Judicial Magistrate, Karnal, alleging that she had purchased iPhone 11 Pro Max through online portal of Flipkart Internet Private Limited and that order in this regard was placed to accused-Shreyash Retail Pvt. Ltd. Complainant had made online payment of 1,11,001/- for purchasing the said Apple iPhone. However, on getting delivery and on opening the mobile phone box, it was found that it contained a counterfeit product. With these allegations, criminal action was sought against the accused-Shreyash Retail Pvt. Ltd. and Flipkart Internet Private Limited for committing cheating and criminal breach of trust. 4.

It is contended by ld. Counsel that complainant also filed an application before District Consumer Dispute Redressal Commission, Karnal, where the matter was settled amongst the parties after the amount of 1,11,001/- i.e. the cost of the mobile set in question was paid to the complainant by Flipkart Internet Private Limited. Ld. Counsel has drawn attention towards order dated 03.05.2023 passed by Coordinate Bench of this Court in CRM-M-11222-2022, whereby similar petition to quash the FIR in question as filed by Flipkart Internet Private Limited, was quashed, and in which it was noticed by this Court that compromise had already been effected as complainant had been paid the amount of 1,11,001/- and so, she had no objection for quashing the FIR.

Respondent No.2-complainant was duly served.

Even appearance on her behalf was made, but at the time of hearing on 17.10.2023, nobody put in appearance on behalf of respondent No.2complainant.

Heard.

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In view of the aforesaid order passed by Coordinate Bench of this Court, continuation of the proceedings against the petitioners of this case, shall be sheer misuse of process of law. The claim of respondentcomplainant has already been satisfied. The FIR in question qua co-accused Flipkart Internet Private Limited, has already been quashed. 10.

Consequently, FIR No.0562 dated 29.09.2021 (Annexure P1) registered at Police Station Sector 32-33, Karnal, under Sections 406/409/417/420 IPC along with all the subsequent proceedings arising therefrom, are hereby quashed.

Disposed of.

30.10.2023 (DEEPAK GUPTA) JUDGE

1. Whether speaking/reasoned?

Yes/No

2. Whether reportable?

Yes/No