Parveen Kumar v. Bhupender Kumar And Another

CRM-M No. 43377 of 2019 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No. 43377 of 2019

Reserved on: 05.08.2022

Pronounced on: 18.08.2022 Parveen Kumar ......Petitioner Vs.

Bhupender Kumar and another ......Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Suneel Ranga, Advocate for the petitioner.

Mr. Manish Bansal, DAG, Haryana.

*** ANOOP CHITKARA J.

FIR No.

Dated Police Station Sections 07.11.2018 Shivaji Nagar, District Gurugram 174-A IPC Aggrieved by the registration of the FIR under Section 174-A IPC pursuant to the petitioner's non-appearance which leads to issuance of non-bailable warrants and subsequently proclamation under Section 82 Cr.P.C, the accused/petitioner has come up before this Court.

The only grievance is that notices of complaint were sent on wrong address and as such, petitioner was not aware of the pendency of the said case. A perusal of the address of the petitioner shows that the address mentioned on the complaint is different than the address which he has referred in the present petition and on the affidavit.

In paragraph 2 of the petition, the petitioner specifically pleads that address mentioned in FIR is incorrect. Learned counsel for the petitioner submits that the address JYOTI 2022.08.22 16:54 I attest to the accuracy and integrity of this document

CRM-M No. 43377 of 2019 --2-- mentioned in the compliant was although similar but incorrect. In paragraph 4, he also submitted that the complaint is false and even no legal notice was ever served upon him. In zaragraph 5, it is specifically stated that the petitioner could not be served because address was wrong. In paragraph 7, the petitioner has reproduced the report of the non-service which specifically stated that there is no Street No. 14 in Vishnu Garden. The response of the State is that FIR has been registered based on directions of the concerned JMIC and in the response, the concerned ACP has not specifically denied the factum of incorrect address.

Given above, there is merit in the petition, the same is allowed and order dated 01.10.2018 passed by JMIC, Gurgram along with all consequential proceeding including FIR (Annxeure P-5) is quashed qua the petitioner. All pending applications, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE 18.08.2022 Jyoti-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2022.08.22 16:54 I attest to the accuracy and integrity of this document