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2025 DAILYLAW 38774 (PNJ)

SHIVANI AND OTHERS v. STATE OF HARYANA AND ANOTHER

CRM-M/16498/2025 · 2025-03-26

Anoop Chitkara

body2025

Judgment text

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CRM-M-16498-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 111 CRM-M-16498-2025 Date of Decision: 26.03.2025 Shivani Aggarwal and others ....Peoners Versus State of Punjab and another ....Respondents CORAM:HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Dr. Anmol Ra%an Sidhu, Sr. Advocate with Mr. Manoj Chauhan, Advocate and Mr. Mandeep Singla, Advocate for the peoners. Mr. Gurpartap S. Bhullar, Asst. AG, Punjab. ***** ANOOP CHITKARA, J. FIR No. Dated Police Staon Secons 966 27.12.2024 Sector 58, Faridabad 419, 420, 467, 468, 471 IPC Seeking quashing of the above caponed FIR, peoner has come up before this Court by filing the present peon under Secon 528 BNSS 2023. 2. Peoners’ counsel submits that out of total liability of Rs.99 lacs, they had already paid 25% to the complainant and now they have brought four demand dra:s of Rs.68 lacs in the name of complainant and the offence being compoundable, they are seeking quashing of FIR. 3. Counsel for the State submits that quashing of FIR based on compromise is not maintainable only at the instance of accused alone, therefore involvement of complainant is required. Renu Bala 2025.03.27 09:43 I attest to the accuracy and integrity of this document CRM-M-16498-2025 2 4. Peoner’s counsel submits that it is not possible for them to involve the complainant at this stage, however challan has not been filed and the ma%er is sll under invesgaon. 5. In these circumstances, peoner is directed to handover the demand dra:s of Rs.68 lacs to the invesgator on or before 29.03.2025. On receipt of such demand dra:s, the invesgator shall contact the complainant and take their opinion in wring that whether they would like to accept the said demand dra:s or not. In case, the complainant refused to take the demand dra:s, he shall return the same to the peoner and the peoner will deposit the same in the Court of concerned Chief Judicial Magistrate and concerned Court shall deposit the same in the shape of FDR. A:er deposit of amount, peoner shall be at liberty to file a peon for quashing of FIR either based on the compromise or on merits. 6 Peon is disposed of with the aforesaid observaons. Pending applicaons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 26.03.2025 anju rani/renu bala Whether speaking/reasoned Yes Whether reportable? No Renu Bala 2025.03.27 09:43 I attest to the accuracy and integrity of this document