Latest on FIR Quashing from Punjab & Haryana High Court Chandigarh

Last Updated on March 15, 2020 by Legalseva.net

Here in this post, we will analyze the latest judgment by High Court Chandigarh of Punjab & Haryana on the topic of FIR quashing which was decided on 21.05.2019 in CRM-M-44238 of 2016.

1)  Case Title – Mandeep Saini v. State of Punjab and Anr.

Date of Decision -21.05.2019

CRM-M-44238 of 2016

Also Read-  How to Quash FIR in Chandigarh at High Court

• FIR No. 19, Date 29.02.2016

  1. U/s 406, 420 IPC at PS. Kot Isse Khan, District Moga

• Cheque bounce complaint case, dated 09.10.2015 of rupees 7 & 3 lacs each. Counter blast to complainant U/s 138 of Negotiable Instruments Act.

• Accused gave the money to complainant to send her abroad. After he was unsuccessful, he returned the cheques.

Also Read- QUASHING FIR HIGH COURT PUNJAB HARYANA CHANDIGARH

• Compromise affidavit was sworn.

  1. After cheque bounce proceedings criminal case was setup.

  2. Whether ingredients of Section 406 & 420 IPC fulfilled or not? Read Section 405 & 415 of CrPC.

  3. Satish Chandna Ratan Lal Shah vs. State of Gujarat & Anr.

     3. Crl Appeal no. 9, 2019 (SLP(Crl.) no. 5223 of 2018) Decided on 03.01.2019

     4. Wherein the penal proceedings based on the similar ground of non-payment of loan amount we set aside and the said proceedings based on FIR we quashed.

Also Read- Quashing for FIR from Punjab Haryana High Court Chandigarh at what Stage?

Quashing of FIR at the Stage of framing of charges should be limited to enquiry to a prima facie examination and not on the basis of quality or quantity of evidence.

State of Bihar vs. Ramesh Singh, (1977 Cr,IJ 1606)

Law Points:

For offences under 406 the necessary ingredients of “entrustment” and “dishonest” are missing in present case.

Offence of cheating not made out merely because of breach of promise by the borrower to return the loan amount.

Law recognizes a difference between simple payments/investment of money & entrustment of money or property.

Also Read- QUASHING OF A PO ORDER

Classic Case on Quashing of FIR in Chandigarh High Court (Punjab & Haryana):

State of Haryana & Ors vs. Ch. Bhajan Lal & Ors, 1992 Supp(1) SCC 335

Also Read- Acquittal in False Promise to Marriage and Cheating Case

Also, nothing on record shows jurisdiction of Moga Applicable as per Section 177 & 178 of CrPC. But that may not be the ground for Quashing of FIR.

Thus the present case is nothing but abuse of process of Law, Hence Quashed.

Quashing of FIR is sparingly used and vests with the discretion of High Court and not as a matter of right. So get the facts straight in your head before making an opinion that every FIR can be quashed.

For case specific advice get in touch with High Court Chandigarh FIR Quashing Lawyers & Advocates in Panchkula, Mohali (Punjab & Haryana). Read the entire judgment here.

More info, call 99888-17966

All you need to know for about Quash FIR from High Court Chandigarh.

Quashing of FIR from Punjab Haryana High Court in News:

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2. Sapna Chaudhary FIR Quashed by Punjab Haryana High Court.

3. Comedian Bharti Singh Asks high Court Chandigarh to Scrap Case on “Hurting Sentiment

4. What is the procedure for Quashing of FIR

5. Pay Rs 10 lakh each, get FIR quashed: HC to Dadlani, Poonawala