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Present:- Mr. Vivek Arora Advocate Vs. State of Haryana and Another - Court Judgment

SooperKanoon Citation
CourtPunjab and Haryana High Court
Decided On
AppellantPresent:- Mr. Vivek Arora Advocate
RespondentState of Haryana and Another
Excerpt:
.........petitioners versus state of haryana and another ....respondents before :- hon'ble mrs.justice daya chaudhary present:- mr.vivek arora, advocate for the petitioners.***** daya chaudhary, j. the present petition under section 482 cr.p.c has been filed for quashing of fir no.259 dated 19.6.2014 registered under sections 406/420/467/468/471/506/120-b ipc and under section 66 of it act at police station sector 5, panchkula. learned counsel for the petitioners contends that the petitioners have falsely been implicated in this case, whereas, no offence is made out under aforesaid sections. petitioner no.1 is a widow lady and also senior citizen and has nothing to do with the allegations. learned counsel further submits that petitioner no.2 is a family friend of complainant-respondent and.....
Judgment:

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No.M-23170 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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No.M-23170 of 2014 Date of Decision: 14.07.2014 Manjeet Kaur Chaudhary and another ....Petitioners Versus State of Haryana and another ....Respondents BEFORE :- HON'BLE MRS.JUSTICE DAYA CHAUDHARY Present:- Mr.Vivek Arora, Advocate for the petitioneRs.***** DAYA CHAUDHARY, J.

The present petition under Section 482 Cr.P.C has been filed for quashing of FIR No.259 dated 19.6.2014 registered under Sections 406/420/467/468/471/506/120-B IPC and under Section 66 of IT Act at Police Station Sector 5, Panchkula.

Learned counsel for the petitioners contends that the petitioners have falsely been implicated in this case, whereas, no offence is made out under aforesaid Sections.

Petitioner No.1 is a widow lady and also senior citizen and has nothing to do with the allegations.

Learned counsel further submits that petitioner No.2 is a family friend of complainant-respondent and because of that reason, he has been implicated.

Learned counsel also contends that the dispute between the parties is of civil nature and even a civil suit for recovery of ` 12 lacs is pending adjudication between complainant-Ashok Jain and Harsimran Kaur-daughter of petitioner No.1.

Heard the arguments advanced by learned counsel for the petitioners and have also perused the allegations in the FIR and other Kaur Gurpreet 2014.07.16 17:31 I attest to the accuracy and integrity of this document Crl.

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No.M-23170 of 2014 2 documents on the file.

Admittedly, the investigation is in progress and during pendency of the investigation, the present petition has been filed for quashing of the FIR.

A detailed FIR has been registered and role of the petitioners have specifically been mentioned.

The investigating agency is still to collect the evidence against the petitioners and in case no offence is made out against them, they can take this plea later.

To say anything at this stage without having any evidence will be premature as the investigation is in progress.

It is not disputed that the Court has no power to interfere at this stage but keeping in view the allegations and stage of the investigation, FIR cannot be quashed.

Accordingly, there is no merit in the petition and the same is hereby dismissed.

(DAYA CHAUDHARY) July 14, 2014 JUDGE pooja/gurpreet Kaur Gurpreet 2014.07.16 17:31 I attest to the accuracy and integrity of this document


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