Praveen Chanda @ Pravin Chanda vs State Of Haryana And Others on 4 August, 2026

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    Punjab-Haryana High Court

    Praveen Chanda @ Pravin Chanda vs State Of Haryana And Others on 4 August, 2026

                      CRM M-20834 of 2022                                          1
    
    
    
    
                                   IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                AT CHANDIGARH
    
                      131                         CRM M-20834 of 2022
                                                  Date of Decision: 04.08.2026
    
                      Praveen Chanda @ Pravin Chanda                               ... Petitioner
    
                                                         Versus
                      State of Haryana and others                              ... Respondents
    
    
                      CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT
    
                      Present :       Mr. Shiv Kumar, Advocate, for the petitioner.
    
                                      Mr. Rajinder Kumar Banku, Sr. DAG, Haryana.
    
                                      Mr. Rahul Bhargava, Advocate with
                                      Mr. Anuj Bhargava
                                      for the respondents No.2 and 3.
    
                      N.S.SHEKHAWAT, J. (Oral)
    

    1. The petitioner has filed the present petition under Section

    482 Cr.P.C. with the prayer to quash the FIR No. 0427 dated

    SPONSORED

    13.10.2019 under Sections 406 and 420 of IPC read with Section

    120-B IPC registered at Police Station DLF, Phase-I, Gurugram and

    all consequential proceedings arising therefrom.

    2. The FIR in the present case was registered on the basis of

    the statement made by Radhika, wife of Sandip Tandon, respondent

    No.2. She got the present FIR registered against Kshama Puri wife of

    R.B. Puri, R.B. Puri and the present petitioner. She alleged that

    AMIT RANA
    2026.08.06 13:39
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    authenticity of this
    judgement/order
    CRM M-20834 of 2022 2

    Kshama Puri and R.B. Puri, both accused, met the complainant

    through a property dealer, i.e., the present petitioner, and during

    meeting, Kshama Puri and R.B. Puri, agreed to sell their house to the

    complainant for a sale consideration of Rs. 4 crores. Kshama Puri and

    R.B. Puri told the complainant that there was an outstanding loan of

    Rs. 69,53,241/- approximately on the said property which need to be

    cleared before execution of the sale deed in favor of the complainant.

    The complainant paid Rs. 3.60 lakhs each in favour of Kshama Puri

    and R.B. Puri, and another sum of Rs. 2 lakhs was paid on 14.02.2019

    in cash to Kshama Puri. The respondent No.2/complainant also made

    payment of Rs. 69,53,241/- in favour of the DHFC Limited by way of

    demand draft in the loan account of the accused. It was further alleged

    in the FIR that the sale deed was agreed to be executed by 30th April

    2019. However, the accused did not turn up to get the sale deed

    executed in favour of the complainant. Further, the complainant

    appeared before the Sub-Registrar on the appointed day but the

    accused had not executed the sale deed in favour of the complainant,

    and, thus, they had cheated the complainant.

    3. Learned counsel for the petitioner has vehemently argued

    that the petitioner was neither the owner/seller of the house in

    question, nor he had received the amount of Rs.77,53,241/-. The

    entire amount was duly received by Kshama Puri and R.B. Puri, and

    they had also signed the agreement to sell dated 13.02.2019, which

    AMIT RANA
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    judgement/order
    CRM M-20834 of 2022 3

    was executed in favour of the complainant/respondent No. 2. The

    petitioner had only signed the agreement to sell as a witness and was

    not a beneficiary of the entire transaction. Ultimately, when the sale

    deed was not executed by the accused, the complainant/respondent

    No. 2, and Asha Tandon, respondent No.3 filed a civil suit for

    possession by way of specific performance and permanent injunction

    against Kshama Puri and R.B. Puri. Learned counsel further submits

    that ultimately the complainant entered into a compromise dated

    16.02.2023 (Annexure P-4) with Kshama Puri and R.B. Puri, main

    accused. After the execution of the compromise, Varun Puri, legal

    representative of Kshama Puri and R.B. Puri, had executed a sale

    deed in favour of the complainant of the present case. Ultimately,

    Varun Puri filed a petition, i.e., CRM-M-16775 of 2023, before this

    Court with a prayer to quash the FIR against him on the basis of

    compromise with the aggrieved person, i.e., present complainant in

    the present case. The respondents No. 2 and 3/complainants, also

    appeared in the said case, and the FIR already stands quashed against

    Varun Puri, who is legal representative of Kshama Puri and R.B. Puri.

    Thus, the continuation of the proceedings against the present

    petitioner would be abuse of the process of the Court. Learned

    counsel for the petitioner submits that in case the present FIR is

    ordered to be quashed by this Court, the petitioner will not initiate any

    AMIT RANA
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    judgement/order
    CRM M-20834 of 2022 4

    civil or criminal proceedings against respondents No.2 and 3 with

    regard to the subject matter of the present FIR.

    4. On the other hand, learned State counsel has vehemently

    opposed the prayer made by the learned counsel for the petitioner on

    the ground that there are serious allegations against the petitioner.

    5. During the course of arguments, learned counsel

    appearing on behalf of respondents No. 2 and 3 has opposed the

    submissions made by counsel for the petitioner. However, he could

    not dispute the fact that the FIR has already been quashed qua Varun

    Puri, who is the legal representative of Kshama Puri and R.B. Puri.

    Even the complainants/respondents No. 2 and 3, have already settled

    all their disputes with the principal accused in the present case. It is

    also admitted fact that the petitioner was just a property dealer in the

    entire deal and had not received any amount from the complainant of

    the present case, and apart from that, he was a witness to the

    agreement to sell only. Even learned counsel for the respondents No.

    2 and 3 submits that at present no other civil or criminal proceedings

    relating to the subject matter of the FIR are pending before any Court

    of law, except the trial arising out of the FIR.

    6. I have heard learned counsel for the parties and perused

    the record carefully.

    AMIT RANA
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    judgement/order
    CRM M-20834 of 2022 5

    7. In the various judgments passed by the Hon’ble Supreme

    Court and this Court, it has been held repeatedly while referring to the

    provisions of Section 482 Cr.P.C. that nothing under the Code of

    Criminal Procedure shall deem to limit or affect the inherent powers

    of the High Court to make such orders as may be necessary to give

    effect to any order under this Code or to prevent the abuse of the

    process of any Court or otherwise to secure the ends of justice. The

    Hon’ble Supreme Court in the matter of Ajay Mitra Vs. State of M.P.

    & others, 2003(3) SCC 11, has held as follows:-

    “Leave granted.

    These appeals by special leave are directed against the
    judgment and order dated January 16, 2002 of High
    Court of Madhya Pradesh, by which three Petitions filed
    by the appellants under Section 482 Cr.P.C. were
    dismissed.

    xxx xxx xxx xxx xxx xxx

    Thereafter, the appellants filed three Criminal
    Miscellaneous Petitions under Section 482 Cr.P.C. before
    the High Court for quashing of the FIR and the
    proceedings of the case before the learned Magistrate.
    After hearing the parties, the High Court held that the
    investigation had not yet commenced in connection with
    the FIRs which had been registered at the Police Station
    and, therefore, the Petitions were pre-mature and
    accordingly all the three Petitions were rejected.

    xxx xxx xxx xxx xxx xxx

    AMIT RANA
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    judgement/order
    CRM M-20834 of 2022 6

    The High Court has held that the Petitions filed by the
    appellants for quashing the complaint and the FIRs
    registered against them are pre-mature. The question
    which arises is that where the complaint or the FIR does
    not disclose commission of a cognizable offence, whether
    the same can be quashed at the initial stage? This
    question was examined by this Court in State of West
    Bengal &Ors. V. Swapan Kumar Guha & Ors.
    , AIR 1982
    Supreme Court 949 and it was held that the First
    Information Report which does not allege or disclose that
    the essential requirements of the penal provision are
    prima facie satisfied, cannot form the foundation or
    constitute the starting point of a lawful investigation. It is
    surely not within the province of the police to investigate
    into a Report (FIR) which does not disclose the
    commission of a cognizable offence and the code does
    not impose upon them the duty of inquiry in such cases. It
    was further held that an investigation can be quashed if
    no cognizable offence is disclosed by the FIR. The same
    question has been considered in State of Haryana &Ors.
    V. Ch. Bhajan Lal &Ors.
    1991(3) RCR (Criminal) 383
    (SC) and after considering all the earlier decisions, the
    category of cases, in which the Court can exercise its
    extra-ordinary power under Article 226 of the
    Constitution or the inherent power under Section 482
    Cr.P.C. either to prevent abuse of the process of any
    Court or to secure the ends of justice, were sumarised in
    para 108 of the Report and sub- paras 1 to 3 thereof are
    being reproduced hereinbelow :

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    CRM M-20834 of 2022 7

    “1. Where the allegations made in the First Information
    Report or the complaint, even if they are taken at their
    face value and accepted in their entirety do not prima
    facie constitute any offence or make out a case against
    the accused.

    2. Where the allegations in the First Information Report
    and other materials, if any, accompanying the F.I.R. do
    not disclose a cognizable offence, justifying an
    investigation by police officers under Section 156(1) of
    the Code except under an order of a Magistrate within
    the purview of Section 155(2) of the Code.

    3. Where the uncontroverted allegations made in the FIR
    or complaint and the evidence collected in support of the
    same do not disclose the commission of any offence and
    make out a case against the accused.”

    8. The said judgment by the Three Judges Bench of the

    Hon’ble Supreme Court had affirmatively held that where an FIR

    does not disclose the essential requirements of the penal provision or

    does not disclose the commission of a cognizable offence, the same

    can be quashed at the initial stage. Reference has also been made to

    the judgment of Hon’ble Supreme Court in case “State of Haryana

    and others Vs. Ch. Bhajan Lal & Ors., 1991(3) RCR (Criminal) 383),

    in which, it was observed that the High Court can exercise its

    extraordinary power under Article 226 of the Constitution or the

    inherent power under Section 482 Cr.P.C. 1973 either to prevent

    abuse of the process of any Court or to secure the ends of justice.

    AMIT RANA
    2026.08.06 13:39
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    judgement/order
    CRM M-20834 of 2022 8

    9. The Hon’ble Supreme Court of India in “R Kalyani vs.

    Janak C. Mehta” reported as 2009 (1) SCC 516 has held as under:

    “Leave granted.

    2. Appellant lodged a First Information Report (FIR)
    against the respondents on or about 4.1.2003 under
    Sections 409, 420 and 468 read with Section 34 of the
    Indian Penal Code.

    3. First and second respondent approached the High
    Court for an order for quashing of the said FIR as also
    the investigation initiated pursuant thereto or in
    furtherance thereof. The High Court allowed the said
    proceedings by reason of the impugned order dated
    29.4.2004.Mr. K.K. Mani, learned counsel appearing on
    behalf of the appellant, would, in support of the appeal,
    contend :

    (1) The High Court exercised its inherent jurisdiction
    under Section 482 of the Code of Criminal Procedure
    wholly illegally and without jurisdiction insofar as it
    entered into the disputed questions of fact in regard to
    the involvement of the respondents as the contents of the
    first information report disclose an offence of cheating,
    criminal breech of trust and forgery.

    (2) While admittedly the investigation was not even
    complete, the High Court could not have relied upon the
    documents furnished by the defendants either for the
    purpose of finding out absence of mens rea on the part of
    the applicants or their involvement in the case.

    AMIT RANA
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    judgement/order
    CRM M-20834 of 2022 9

    (3) Respondent Nos.1 and 2 herein being high ranking
    officers of M/s. Shares and Securities Ltd., a company
    dealing in shares, were vicariously liable for commission
    of the offence being in day to day charge of the affairs
    thereof.

    (4) An offence of forgery being a serious one and in view
    of the fact that the respondent No.2 forwarded a letter
    purporting to authorise the accused No.3 to transfer
    shares to the National Stock Exchange, he must be held
    to have the requisite intention to commit the said offence
    along with the respondent No.3.

    (5) In any view of the matter, the respondent No. 3 being
    not an applicant before the High Court, the entire
    criminal prosecution could not have quashed by the High
    Court.

    xxx xxx xxx xxx xxx xxx

    In Hamid v. Rashid alias Rasheed & Ors. [(2008) 1 SCC
    474], this Court opined :

    “6. We are in agreement with the contention advanced on
    behalf of the complainant appellant. Section 482
    Criminal Procedure Code saves the inherent powers of
    the High Court and its language is quite explicit when it
    says that nothing in the Code shall be deemed to limit or
    affect the inherent powers of the High Court to make
    such orders as may be necessary to give effect to any
    order under the Code, or to prevent abuse of the process
    of any Court or otherwise to secure the ends of justice. A
    procedural Code, however exhaustive, cannot expressly
    provide for all time to come against all the cases or

    AMIT RANA
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    judgement/order
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    points that may possibly arise, and in order that justice
    may not suffer, it is necessary that every court must in
    proper cases exercise its inherent power for the ends of
    justice or for the purpose of carrying out the other
    provisions of the Code. It is well established principle
    that every Court has inherent power to act ex debito
    justitiae to do that real and substantial justice for the
    administration of which alone it exists or to prevent
    abuse of the process of the Court.”

    xxx xxx xxx xxx xxx xxx

    One of the paramount duties of the Superior Courts is to
    see that a person who is apparently innocent is not
    subjected to persecution and humiliation on the basis of
    a false and wholly untenable complaint.

    xxx xxx xxx xxx xxx xxx

    A vicarious liability can be fastened only by reason of a
    provision of a statute and not otherwise. For the said
    purpose, a legal fiction has to be created. Even under a
    special statute when the vicarious criminal liability is
    fastened on a person on the premise that he was in-
    charge of the affairs of the company and responsible to
    it, all the ingredients laid down under the statute must be
    fulfilled. A legal fiction must be confined to the object
    and purport for which it has been created. In Sham
    Sunder & Ors. v. State of Haryana
    [(1989) 4 SCC 630],
    this Court held :

    “9. But we are concerned with a criminal liability under
    penal provision and not a civil” liability. The penal
    provision must be strictly construed in the first place.

    AMIT RANA
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    CRM M-20834 of 2022 11

    Secondly, there is no vicarious liability in criminal law
    unless the statute takes that also within its fold. Section
    10
    does not provide for such liability. It does not make
    all the partners liable for the offence whether they do
    business or not.”

    xxx xxx xxx xxx xxx xxx

    27. If a person, thus, has to be proceeded with as being
    vicariously liable for the acts of the company, the
    company must be made an accused. In any event, it
    would be a fair thing to do so, as legal fiction is raised
    both against the Company as well as the person
    responsible for the acts of the Company.

    xxx xxx xxx xxx xxx xxx

    30. The appeal is dismissed with the aforementioned
    observations.

    10. From perusal of the above stated judgments, it is

    apparent that the High Court cannot be a helpless spectator when it is

    made out that the criminal prosecution was malafide and abuse of the

    process of the court. The High Court has inherent powers and a

    corresponding duty to prevent the abuse of the process of the Court or

    otherwise to secure the ends of justice. In the present case, it is

    apparent that Kshama Puri and R.B. Puri had agreed to sell the

    property in question to the complainant by way of an agreement dated

    13.02.2019, and the petitioner had signed agreement to sell only as a

    witness. It is also apparent that the petitioner had not received any

    amount from respondents No. 2 and 3/complainants. Now, Kshama

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    CRM M-20834 of 2022 12

    Puri and R.B. Puri have already expired and their son/co-accused,

    namely, Varun Puri, had already amicably resolved all their disputes

    with the respondents No. 2 and 3. Even, the present FIR already

    stands quashed against Varun Puri vide order dated 15.05.2023,

    (Annexure P-5), passed by a Coordinate Bench of this Court. Thus,

    continuation of the proceedings against the present petitioner would

    be an abuse of the process of the Court. Even otherwise, from the

    contents of the FIR also, it is apparent that a simple dispute has been

    converted into a criminal offence, which is otherwise impermissible

    in law. Complainant cannot legally be permitted to convert a civil

    dispute between the parties into a criminal prosecution to wreck

    vengeance against the accused.

    11. In view of above discussion, the present petition is

    allowed and the FIR No. 0427 dated 13.10.2019 under Sections 406

    and 420 of IPC read with Section 120-B IPC registered at Police

    Station DLF, Phase-I, Gurugram and all consequential proceedings

    arising therefrom are ordered to be quashed qua the petitioner only.

    12. All pending applications, if any, are disposed off,

    accordingly.

    
    
    
    
                      04.08.2026                             (N.S.SHEKHAWAT)
                      amit rana                                       JUDGE
    
    
    
    AMIT RANA
    2026.08.06 13:39
    I attest to the accuracy and
    authenticity of this
    judgement/order
    



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