High Court of Punjab and HaryanaCRM-M/55959/2022allowed

Anil Aggarwal v. State Of Haryana

2022-12-12Mr. Justice Arvind Singh Sangwan2 pages

CRM-M-55959-2022 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-55959-2022 (O&M) Date of decision: 12.12.2022 Anil Aggarwal

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. Robin Lohan, Advocate for the petitioner.

****** ARVIND SINGH SANGWAN, J.

The petitioner has prayed for quashing of FIR No.496 dated 31.07.2019 for the offences punishable under Section 174-A of the Indian Penal Code ('IPC' for short), registered at Police Station Hansi City, District Hansi and all the subsequent proceedings arising therefrom. Learned counsel for the petitioner submits that in the main FIR No.150 dated 13.04.2008 registered under Sections 420, 467, 468, 471, 120B IPC, at Police Station City Hansi, District Hansi, the matter has already been compromised between the petitioner and the complainant and in terms of the compromise, a quashing petition bearing CRM-M-56817-2018 is filed by the petitioner, in which on 07.09.2022, a direction was issued to the parties to appear before the Illaqa Magistrate and record their respective VISHNU 2022.12.12 16:36 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh

CRM-M-55959-2022 -2statements. It is further submitted that statements of the parties have already been recorded before the trial Court on 27.10.2022 and 28.10.2022. It is also submitted that in view of the fact that the matter has already been compromised, prosecution of the petitioner is nothing, but misuse of process of law.

Notice of motion.

On asking of the Court, Mr. Gurbir S. Dhillon, AAG, Haryana accepts notice on behalf of the respondent-State and has not disputed the aforesaid factual position.

After hearing learned counsel for the parties and considering the aforesaid facts and circumstances of the case, present petition is allowed and FIR No.496 dated 31.07.2019 under Section 174-A IPC, registered at Police Station Hansi City, District Hansi and all the subsequent proceedings arising therefrom, are ordered to be quashed.

[ ARVIND SINGH SANGWAN ] 12.12.2022 JUDGE vishnu Whether speaking/reasoned Yes/No Whether reportable:

Yes/No VISHNU 2022.12.12 16:36 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh