Punjab-Haryana High Court
Mohit Ajay Malhotra vs State Of Haryana on 25 May, 2021
206 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-19263-2021
Date of Decision : 25.05.2021
Mohit Ajay Malhotra ...Petitioner
Versus
State of Haryana ....Respondent
Coram : Hon'ble Mr. Justice B.S. Walia
Present : Mr. R.S. Bajwa, Advocate for the petitioner.
Mr. Naveen Kumar Sheoran, DAG, Haryana.
***
B.S. Walia, J. (VC)
1. Case is being taken up for hearing through Video
Conferencing due to Covid-19 pandemic.
2. Prayer in the petition under Section 439 Cr.P.C. is for grant
of regular bail to the petitioner in case FIR No.244 dated 20.08.2020,
registered under Sections 323, 406, 420, 506, 370, 384 IPC and Section
24, Immigration Act, 1983, at Police Station Nissing, District Karnal.
3. Learned counsel contends that the petitioner introduced the
complainant to the main accused, Vikas Kumar Mishra and Anupam
Kumar for sending his son abroadand the complainant paid,
Rs.2,10,000/- to the petitioner and Rs.2,00,000/- to the co-accused, who
sent the complainant's son to Vietnam where Vikash Kumar Mishra also
reached and snatched 12500 Euros i.e. Rs.10,00,000/-from the
complainant's son, total Rs.14,10,000/-, that the petitioner gave a cheque
of Rs.4,00,000/- as security to the complainant but the same bounced on
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presentation and in respect of which a complaint under Section 138,
Negotiable Instruments Act, has been filed. Learned counsel contends
that CRM-M-16018-2021, has been filed by the main accused, Vikas
Kumar Mishra, for quashing of FIR on the basis of compromise of the
matter with the complainant, factum of compromise was admitted by
counsel appearing on behalf of the complainant whereupon while
adjourning the matter to 12.07.2021, parties were directed to put in
appearance before the learned Illaqa Magistrate/Duty Magistrate for
recording of their statements in terms of the compromise. Order dated
09.04.2021, passed in CRM-M-16018-2021, is reproduced as below:-
"Case is being taken up for hearing through Video
Conferencing due to Covid-19 pandemic.
Prayer in the petition under Section 482 Cr.P.C. is for quashing
of FIR No.244 dated 20.08.2020, registered under Sections 323,
406, 420, 506, 370, 384 IPC and 24 Immigration Act 1983 at
Police Station Nissing District Karnal along with all
consequential proceedings emanating therefrom, on the basis of
affidavit/compromise, Annexure P/2 dated 01.04.2021 as well
as the decision of Hon'ble the Supreme Court in Gian Singh v.
State of Punjab and another, 2012 (4) RCR (Crl.) 543.
Notice of motion.
Mr.Vivek Chauhan, Addl. AG, Haryana accepts notice on
behalf of respondent No. 1 and states that he does not wish to
file reply in view of amicable settlement of the dispute amongst
the parties vide affidavit / compromise, Annexure P/2 dated
01.04.2021 as well as the judgment cited by learned counsel for
the petitioners.
Mr. Pardeep Panwar, learned counsel puts in appearance and
accepts notice on behalf of respondent No.2 and 3 and states
that he has no objection, if the aforementioned FIR and all
consequential proceedings emanating therefrom are quashed in
view of affidavit/compromise, Annexure P/2 dated 01.04.2021
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CRM-M-19263-2021 [3]
as also the judgment cited by learned counsel for the
petitioners.
Accordingly, in view of the position as noted above, the parties
are directed to put in appearance before the learned Illaqa
Magistrate/ Duty Magistrate concerned for recording of their
statements in terms of affidavit/compromise, Annexure P/2
dated 01.04.2021on 11.05.2021 or any other date thereafter
convenient.
Report regarding genuineness of the compromise as also
whether any other person(s) has/ have been nominated as
accused and whether any person(s) has / have been declared
proclaimed offender, whether challan has been filed, whether
there is any cross case etc. be filed before this Court by the next
date.
List on 12.07.2021.
Reply, if any, be filed in the meantime."
4. Learned counsel contends that at best the allegations against
the petitioner are of having received Rs.2,10,000/- from the complainant,
whereas the main accused, Vikas Kumar Mishra, against whom, there
was allegation of snatching of 12500 Euros i.e. Rs.10,00,000/-, has
compromised the matter with the complainant, besides complaint under
Section 138, NIA, has been filed by the complainant against the
petitioner qua the cheque of Rs.4,00,000/-, issued by him by way of
security. Learned counsel contends that the investigation is complete,
challan has been filed, but charges are yet to be framed, and that in the
circumstances, trial would take considerable period of time and no useful
purpose would be served by keeping the petitioner behind bars especially
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CRM-M-19263-2021 [4]
on account of circumstances prevailing due to Corona Virus pandemic.
5. Learned DAG, Haryana, confirms as correct the factual
position as noted above.
6. In the light of position noted above, investigation being
complete, challan having been presented, though charges are yet to be
framed, trial would take considerable period of time due to circumstances
prevailing on account of Corona Virus Pandemic, I am of the view that
no useful purpose would be served by keeping the petitioner behind bars.
Accordingly, without commenting on the merits of the case, the petition
for regular bail is allowed and the petitioner is ordered to be released on
regular bail during the pendency of the trial, subject to his furnishing
bail/surety bonds to the satisfaction of the learned CJM/Trial Court/Duty
Magistrate, concerned, provided he is not required in any other case. The
petitioner shall also abide by the conditions contained in Section 437(3)
Cr.P.C.
(B.S. Walia)
Judge
25.05.2021
'rajesh
Whether speaking/ reasoned : Yes/No
Whether reportable : Yes/No
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