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High Court of Punjab and HaryanaCRM-M/43854/2019dismissed

Ajit v. State Of Haryana And Others

2020-01-14Mr. Justice Hari Pal Verma2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc. No.M-43854 of 2019 Date of Decision: 14.01.2020 Ajit

...Petitioner (s)

Versus

State of Haryana & others

...Respondent(s)

CORAM:- HON'BLE MR. JUSTICE HARI PAL VERMA Present:- Mr. Manoj Kumar Sharma, Advocate for the petitioner.

Ms. Gaganpreet Kaur, AAG, Haryana.

***** HARI PAL VERMA, J. (Oral) Prayer in this petition filed under Section 482 of the Code of Criminal Procedure, 1973 is for quashing of FIR No.152 dated 02.04.2019 (Annexure P-1) under Sections 363/366 IPC registered at Police Station Gohana City, Gohana, District Sonepat.

The aforesaid FIR was registered at the behest of mother of respondent no.2 - Jyoti. As per the FIR, on 01.04.2019, the complainant along with her husband and children went to sleep after having their dinner. When she woke up at 6-00 A.M. next day, she did not find her daughter - Jyoti at home. Therefore, a search was made in the neighborhood, from where, they came to know that Surajbhan son of Shish Ram, whose house is near their house, the petitioner Ajit was also not present at home. It was ASHWANI KUMAR 2020.01.14 18:30 I attest to the accuracy and integrity of this document

Criminal Misc. No. M-43854 of 2019 -2suspected that the petitioner might have enticed away the daughter of the complainant.

At this stage, learned State counsel, on instructions from SI Krishan Chander, submits that in the aforesaid FIR, police has conducted investigation and prepared cancellation report, which is pending consideration for approval before the senior officers for onward presentation to the Court.

In view of the aforesaid development, when the police has already prepared cancellation report in the present case, this Court finds that the present petition is rendered infructuous. Accordingly, the present petition is dismissed as infructuous. However, in case the cancellation report so prepared by the police is not accepted by the Court, the petitioner would be at liberty to file fresh petition.

January 14, 2020 ( HARI PAL VERMA ) AK JUDGE Whether speaking / reasoned?

Yes / No Whether reportable?

Yes / No ASHWANI KUMAR 2020.01.14 18:30 I attest to the accuracy and integrity of this document