Quashed

Ajay Kumar Vaid and Ors. v. State of Haryana and Anr.

Punjab & Haryana HC30 Sept 2013CRM-M/13980/2013

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana quashed an FIR registered under various IPC sections for cheating and forgery based on a compromise between the parties, relying on the fact that the complainant had left for Saudi Arabia.

What did the court decide?

FIR No. 151 dated 20.7.2007 under Sections 420, 467, 468, 471, 506 and 120-B IPC registered at Police Station Mahesh Nagar, Ambala Cantt. is quashed with all consequential proceedings.

Ajay Kumar Vaid and Ors. Vs State of Haryana and… — Quashing and FIR | Punjab & Haryana HC (2013)

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Crl. Misc. No. M-13980 OF 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M-13980 OF 2013 Date of decision:-30.09.2013

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Ajay Kumar Vaid and others

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...Petitioners

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Versus

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State of Haryana and another

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...Respondents

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CORAM: HON'BLE MS. JUSTICE RITU BAHRI

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Present:Mr. Gaurav Sethi, Advocate for the petitioners.

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Mr. Ajay Ghanghas, Addl.A.G. Haryana.

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Mr. Ajay Pal Singh, Advocate for respondent No.2.

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RITU BAHRI J.(Oral)

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Quashing of FIR No. 151 dated 20.7.2007 under Sections 420, 467, 468, 471, 506 and 120-B IPC, registered at Police Station Mahesh Nagar, Ambala Cantt. (Annexure P-1) is sought on the basis of compromise (Annexure P2).

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F.I.R has been registered on the statement made by complainant Arun Kumar alleging that on 26.4.2006 he had bought one Car Ford Icon Fillori. On 12.5.2007, the Registeration Certificate of his car No.HR01T-5744 got lost at Mahesh Nagar. He gone to the

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Asija Vijay 2013.10.05 12:55 I attest to the accuracy and integrity of this document High Court,Chandigarh

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Crl. Misc. No. M-13980 OF 2013

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police station and DDR No.21 dated 12.4.2007 was lodged. He applied for duplicate RC and there he came to know that the said RC has been transferred in the name of Ajay Kumar Vaid son of Madan Lal Vaid, resident of S-57C, Deep Nagar, Ambala Cantt. He was threatened by Ajay Kumar when he asked about the transfer of RC. In this background, the FIR got registered.

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Now, the matter has been compromised as per Annexure

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P-2.

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On notice, counsel for respondent No.2 put in appearance and tendered the affidavit of complainant-Arun Kumar to the effect that the matter has been compromised. As per the affidavit, the complainant has left for Saudi Arabia. Copy of the passport has been annexed with the affidavit.

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Consequently, in view of the compromise and in view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429 , the

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law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007 (3) RCR (Crl.) 1052 , no useful purpose would be served in prolonging the litigation.

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Accordingly, FIR No. 151 dated 20.7.2007 under Sections 420, 467, 468, 471, 506 and 120-B IPC, registered at Police Station Mahesh Nagar, Ambala Cantt. is quashed with all consequential proceedings arising therefrom qua petitioners.

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Asija Vijay 2013.10.05 12:55 I attest to the accuracy and integrity of this document High Court,Chandigarh

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Crl. Misc. No. M-13980 OF 2013

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The petition stands disposed of.

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30.09.2013 ( RITU BAHRI ) Vijay Asija JUDGE

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Vijay Asija