Rais Khan And ORS v. State Of Haryana And ANR

CRM No. 49528 of 2024 in/and CRM-M No. 36298 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM No. 49528 of 2024 in/and CRM-M No. 36298 of 2024 Date of Decision: 18.12.2024 Rais Khan and others ...PeƟƟoners

Versus

State of Haryana and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. B.S. Mamli, Advocate for the applicants-peƟƟoners.

Mr. Vikrant Pamboo, Sr. D.A.G., Haryana (through V.C.). **** ANOOP CHITKARA, J.

FIR No.

Dated Police StaƟon SecƟons 14.02.2024 Chandimandir, Panchkula 365 IPC CRM No. 49528 of 2024 For the reasons menƟoned in the applicaƟon, the same is allowed and complainant is ordered to be impleaded as party respondent No.3. Amended memorandum of parƟes is also taken on record. With the consent of counsel for the parƟes, the main case is taken up on Board today itself. Main case Seeking quashing of FIR capƟoned above, the peƟƟoners have come up before this Court under SecƟon 482 CrPC.

2.

PeƟƟoner had sought quashing of FIR based on compromise by arraigning vicƟm as respondent No.2, however it transpired that there was another complainant who was not arraigned as respondent. CRM No.49528 of 2024 is to implead complainant as respondent No.3. However, peƟƟoner on his own submits that complainant is not supporƟng the compromise and otherwise he is not a vicƟm. Statement of peƟƟoner and respondent No.2 have already been recorded regarding compromise but since complainant is not a party, FIR cannot be quashed based on compromise, however he be given liberty to get the FIR quashed on merits by annexing compromise report and statement of respondent No.2 who has no objecƟon to Jyoti Sharma 2024.12.20 17:55 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

CRM No. 49528 of 2024 in/and CRM-M No. 36298 of 2024 quashing and by arraigning complainant as respondent No.3. In the said quashing peƟƟon, if the peƟƟoner is able to jusƟfy that complainant was not a vicƟm, there is merit in the peƟƟon.

3.

PeƟƟon is disposed of with liberty to file fresh by demonstraƟng that complainant was not a vicƟm.

4.

PeƟƟoner shall be permiƩed to annex copy of statement recorded before the concerned Illaqa Magistrate and also annex copy of report. All pending applicaƟons, if any also stands disposed.

(ANOOP CHITKARA) JUDGE 18.12.2024 JyoƟ Sharma Whether speaking/reasoned:

Yes Whether reportable:

No.

Jyoti Sharma 2024.12.20 17:55 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh