Jai Lal vs State Of Haryana And Another
2023 Latest Caselaw 5661 P&H

                                                        Neutral Citation No:=2023:PHHC:064445




                                                  2023:PHHC:064445
              IN THE HIGH COURT OF PUNJAB AND HARYANA
                           AT CHANDIGARH

256(4)                                      CRM-M-10149-2020
                                            Date of Decision: 28.04.2023


Jai Lal                                                           ......... 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 Sta2on        Sec2ons
 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 se8lement 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 se8lement 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:064445




CRM-M-10149-2020                                          2023:PHHC:064445

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

The allega ons were forging her general power of a8orney 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 a8orney and further transfer of property on the basis of said power

of a8orney. Once the FIR has been quashed against the main accused in whose favour the

said general power of a8orney was allegedly executed, there is no reason that why the

pe oners, who are neither the main accused nor beneficiary should suffer. 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:064445

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