Kamlesh Lohar And Another v. State Of Haryana And Another
CRM-M-32703-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-32703-2024 (O&M)
Reserved on: 09.08.2024
Date of Pronouncement: 30.08.2024
Kamlesh Lohar & another ... Petitioner(s)
Versus
State of Haryana & another
...Respondent (s)
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Baljeet Beniwal, Advocate for the petitioner(s).
Mr. Viney Phogat, DAG, Haryana.
Mr. Gusimran Walia, Advocate for respondent no.2.
*** ANOOP CHITKARA, J.
FIR No.
Dated Police Station Sections 9.1.2024 Cyber Crime Ballabhgarh, District Faridabad 420 and 120-B IPC The petitioner(s), arraigned as accused in the above captioned FIR, have come up before this Court under Section 482 CrPC for quashing of the FIR and all consequential proceedings based on the compromise with the aggrieved person(s). 2.
During the pendency of the criminal proceedings, the accused and the aggrieved person(s) have compromised the matter, and its copy is annexed with this petition as Annexure P-2.
3.
After that, the petitioner(s) came up before this Court to quash the FIR, impleading the aggrieved persons as respondent no.2. 4.
Pursuant to the order of this Court dated 12.7.2024, the aggrieved person(s) (Respondent no.2/complainant) appeared before the Judicial Magistrate Ist Class, Faridabad on 30.7.2024 and has explicitly stated that he has not compromised the ASHWANI KUMAR 2024.08.31 15:03 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh
CRM-M-32703-2024 matter with the petitioners-accused and shall not enter into any such compromise until and unless the entire amount in dispute is recovered. ANALYSIS & REASONING:
5.
The State's counsel has also opposed the present petition and seeks dismissal of the petition.
6.
In view of the statement recorded by the complainant before the concerned Court that he is not agreeable to any such compromise, no ground is made out to entertain the present petition.
7.
Accordingly, the present petition is dismissed. However, liberty is reserved to the petitioners to file a fresh petition in case any fresh compromise is arrived at between the parties and there would be no necessity re-examine the accused persons(s), whose statements stand recorded. The copies of their statements along with report would suffice.
Accordingly, the present petition is dismissed. All pending application(s), if any, are disposed of.
(ANOOP CHITKARA) JUDGE August 30, 2024 AK Whether speaking/reasoned :
Yes Whether reportable :
No ASHWANI KUMAR 2024.08.31 15:03 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh