Ritu Goyal vs State Of Haryana And Anr
2023 Latest Caselaw 5660 P&H

                                                        Neutral Citation No:=2023:PHHC:064417




                                                           2023:PHHC:064417

         IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

256(1)                                      CRM-M-29731-2018
                                            Date of Decision: 28.04.2023


Ritu Goyal                                                        ......... Pe  oner
                                            Versus

State of Haryana and another                                      ......... Respondents

CORAM:        HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:-     Mr. Sanjiv Gupta, Advocate for the pe  oner.

              Mr. Manish Bansal, D.A.G, Haryana.

                            ****

ANOOP CHITKARA, J. (ORAL)

 FIR No.       Dated               Police Sta3on        Sec3ons
 73            29.06.2011          Chhachhrauli,    419, 420, 467, 468, 471,
                                   District  Yamuna 120-B IPC
                                   Nagar

Seeking quashing of above cap oned FIR based on se6lement arrived at

between the par es during media on proceedings arising out of CRM-M-28408-2014, the

accused have come up before this Court.

2. Based on se6lement arrived between the par es in CRM-M-28408-2014

Sanjay Kumar Goyal and others Versus State of Punjab and another, in the Media on and

Concilia on Centre of this Court, a co-ordinate Bench of this Court vide judgment dated

14.05.2015 had quashed the FIR qua the pe oners in the said case. The Court had also

referred to the report of the mediator dated 17.12.2014.

3. Subsequent to that, vide judgment dated 01.12.2017 another Bench of this

Court had quashed the FIR qua one accused i.e. Arun Goyal in CRM-M-25981-2014. At that

me, the complainant, who was mother of the pe oner-Arun Goyal had stated that she

would have no objec on if the FIR is quashed along with all consequen al proceedings.

4. Seeking quashing of the FIR for the same reasons, the pe oners had come

up before this Court under Sec on 482 Cr.P.C.

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                                                        Neutral Citation No:=2023:PHHC:064417




CRM-M-29731-2018                                                2023:PHHC:064417

5. The FIR was registered based on the complaint made by Smt. Santosh Devi.

The allega ons were forging her general power of a6orney which was allegedly made in

favour of her son Arun Goyal against whom the FIR already stands quashed. The allega ons

against the pe oners were of par cipa on and conspiracy at the me of prepara on of

said general power of a6orney and further transfer of property on the basis of said power

of a6orney. Once the FIR has been quashed against the main accused, who is husband of

the pe oner in whose favour the said general power of a6orney was allegedly executed,

there is no reason that why the proceeding against her con nue. No doubt, she is

beneficiary but she is daughter-in-law of the complainant and wife of the main accused

against whom FIR has already been quashed. If this Court does not disrupt the criminal

proceedings at this stage, it is likely to cause suffering, unnecessary harassment amoun ng

to miscarriage of jus ce to the pe oners. Even if hypothe cally prosecu on is launched,

the result can be well interfered given the absolving of the main accused and death of the

complainant. In the en rety of facts and circumstances, the pe on is allowed and above

men oned FIR is quashed qua the pe oners. All pending miscellaneous applica ons, if

any, stand disposed of.

                                           (ANOOP CHITKARA)
                                               JUDGE
28.04.2023
Jyo -II

                          Whether speaking/reasoned      Yes/No
                             Whether Reportable          Yes/No




                                                       Neutral Citation No:=2023:PHHC:064417

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