High CourtsSingle Bench(2012) 03 P&H CK 0380

Amandeep Bhatia vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 2 March 2012

HON’BLE JUDGES
Daya Chaudhary, J
CASE NUMBER
Criminal Miscellaneous No. M-38300 of 2011 (O and M)

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Judgment

6 paragraphs · 278 words

Daya Chaudhary, J.—The prayer of the petitioner in the present petition is for quashing of order dated 01.12.2011 passed by learned Chief Judicial Magistrate, Jagadhri vide which application filed by the petitioner for release of passport was dismissed.

2.

Learned counsel for the petitioner submits that a compromise has been effected between the petitioner and other co-accused with the complainant and on the basis of said compromise, FIR No.421 dated 03.08.2010 under Sections 498A, 406/120B of Indian Penal Code registered at Police Station City, Yamuna Nagar and all other proceedings arising therefrom have been quashed in another petition bearing Criminal Misc. No. M-23902 of 2011.

3.

The petitioner filed Criminal Misc. No. M-28386 of 2010 u/s 438 Cr.P.C. for grant of bail in aforesaid FIR and vide order dated 27.09.2010, direction was issued by this Court to release the petitioner on interim bail to the satisfaction of the Arresting Officer, subject to depositing his passport with the Investigating Officer and to comply with the conditions specified u/s 438 (2) Cr.P.C.

4.

Subsequently, the proceedings against the petitioner have been quashed on the basis of compromise, so the petitioner moved an application for releasing the passport but the same has been rejected which is subject matter of challenge in the present petition.

5.

Since the proceedings against the petitioner have been quashed on the basis of compromise and no other proceedings are pending against him, the present petition is disposed of with a direction to the concerned Investigating Officer of above said FIR to release the passport of the petitioner within a period of two weeks from the date of receipt of copy of the order.

6.

Disposed of.