Anil Gupta vs State Of Ut And Others on 28 September, 2012

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Punjab-Haryana High Court

Anil Gupta vs State Of Ut And Others on 28 September, 2012

Bench: M.M.S. Bedi

CRM M-34062 of 2011 (O&M)                                        [1]




            IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                                CHANDIGARH.

                                 CRM M-34062 of 2011

                                 Date of Decision: September 28, 2012

Anil Gupta

                                      .....Petitioner

              Vs.

State of UT and others

                                      .....Respondents


CORAM:        HON'BLE MR. JUSTICE M.M.S. BEDI.

                          -.-

Present:-     Mr.Anju Ahluwalia, Advocate
              for the petitioner.

              Mr.Angel Sharma, Advocate for
              Mr D.D. Sharma, Advocate for UT.


                    -.-

M.M.S. BEDI, J. (ORAL)

The petitioner had allegedly embezzled a sum of Rs.16.30 lacs of Bhushan Limited company. Through instant petition, quashing of FIR No. 87 dated May 13, 2004 under Sections 408, 420, 467, 468, 471 and 120- B IPC registered at Police Station Industrial Area, Chandigarh, has been prayed for on the ground that the matter has been compromised.

CRM M-34062 of 2011 (O&M) [2] One of the co-accused of the petitioner, namely, Kila Chand has been declared a proclaimed offender.

Generally, criminal proceedings in one FIR cannot be partially quashed but in peculiar circumstance of this case that the petitioner is suffering from Cancer and he has returned Rs.15 lacs to the Company through Satya Parkash, the proceedings qua the petitioner can be quashed.

Petition is allowed. FIR No. 87 dated May 13, 2004 under Sections 408, 420, 467, 468, 471 and 120- B IPC registered at Police Station Industrial Area, Chandigarh and all the criminal proceedings arising therefrom, are hereby quashed qua petitioner Anil Gupta only.

So far as co-accused Kila Chand is concerned, it will be open to the prosecution agency and complainant to pursue remedy against him who is a proclaimed offender.

September 28, 2012                                (M.M.S.BEDI)
 sanjay                                             JUDGE

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