Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 38703 (PNJ)

VEER ANAND MOR AND ANR v. STATE OF HARYANA AND OTHERS

CRM-M/20018/2024 · 2025-09-01

Vinod S Bhardwaj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M-20018-2024 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 124 CRM-M-20018-2024 (O&M) Date of decision: 01.09.2025. VEER ANAND MOR AND ANOTHER ...Petitioner(s) VERSUS STATE OF HARYANA AND OTHERS ...Respondent(s) CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Sahil Laura, Advocate, for Mr. Ashish Sindher, Advocate, for the petitioners. Dr.(Ms.) Malvika Singh, AAG, Haryana. VINOD S. BHARDWAJ, J. (Oral) The instant petition has been filed by the petitioners for seeking quashing of FIR bearing No. 447 dated 21.09.2023 under Sections 294, 323, 341, 354-D, 506, 509 and 34 of the Indian Penal Code, 1860 registered at Police Station Gohana City, District Sonipat. 2 Learned counsel appearing on behalf of the petitioners argues that the petitioners have been falsely implicated in the aforesaid case on the basis of a fabricated complaint in conspiracy with the private respondents. He contends that the petitioners are practicing Advocates in Civil Court RAJ KUMAR ARORA 2025.09.05 18:24 I attest to the accuracy and integrity of this document CRM-M-20018-2024 (O&M) -2- Gohana and District Court, Sonipat. The respondent No.8-complainant and her father came to the petitioner in the year 2021 and engaged him for representing her against her husband and in-laws in a matrimonial dispute pending between them. In February 2023, respondent No.8 came to the petitioner and demanded back the fee and the brief that had been handed over to the petitioner, however, on refusal of the petitioner to repay the fee, there was an altercation. He submits that the petitioner has thus been falsely implicated in the aforesaid case out of false motive and oblique considerations to harass and humiliate the petitioner to extort money illegally by entering into a compromise. 4 Vide order dated 23.04.2024, the respondent-State was directed to file a detailed status report by way of an affidavit, which was filed by the respondents on 03.07.2024. As per the aforesaid reply by way of affidavit under the signature of Sh. Virender Singh, HPS, Assistant Commissioner of Police, Gohana, the investigation into the allegations levelled by the respondent-complainant was conducted and the medico-legal opinion was also obtained. During the investigation, Section 354-D of the IPC was removed. Statements of witnesses were recorded and other evidence was collected and a final report under Section 173 Cr.PC had been submitted against the petitioners on 03.11.2023 for offences under Sections 294, 323, 341, 506, 509 and 34 of the IPC. The matter was then said to be pending before the Sub Divisional Judicial Magistrate, Gohana. It is further specifically averred that the allegations levelled in the complaint are also corroborated by the statement recorded under Section 164 of the Cr.PC. The active participation of the petitioners in the commission of the offences is RAJ KUMAR ARORA 2025.09.05 18:24 I attest to the accuracy and integrity of this document CRM-M-20018-2024 (O&M) -3- well established and hence, the proceedings were rightly initiated. 5 On consideration of rival submissions made by learned counsel for the parties and the version of the petitioner about being falsely implicated on account of the respondent not returning the fee is at best a version of defence. The oral testimony and self-serving statement by the petitioners in the present petition cannot by itself be treated as evidence strong enough to dislodge the investigation already conducted by the respondents. Despite the final report having been filed, no attempt has been made by the petitioners to show as to how on consideration of the entire evidence collected including the statement recorded under Section 164 of the Cr.P.C., the FIR or the proceedings would fall under any of the categories carved out by the Hon’ble Supreme Court of India in the matter of State of Haryana and others Vs. Ch. Bhajan Lal and others reported as AIR 1992 SC 604. 6 Giving rise to the disputed questions of fact which cannot be gone into by this Court at this juncture, the present petition is dismissed with liberty to the petitioners to take all pleas before the competent authority at an appropriate stage. September 01, 2025. (VINOD S. BHARDWAJ) raj arora JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No RAJ KUMAR ARORA 2025.09.05 18:24 I attest to the accuracy and integrity of this document