Manish Hora vs State of Haryana and others

This judgment shall dispose of aforementioned two petitions

filed under Section 482 of the Code of Criminal Procedure for quashing of

FIR No.203 dated 03.10.2015 registered under Sections 406 and 420 of

Indian Penal Code at Sector-14, Panchkula and its subsequent proceedings

on the basis of compromise deed dated 12.10.2015 (Annexure P-2)

Learned counsel contends that State of Haryana has no

jurisdiction to register the FIR in the matter as the property in question is

located in the State of Punjab and all transactions had taken place in the

State of Punjab. He further contends that the only allegation against the

petitioner is that he raised nine floors instead of sanctioned eight floors. The

offence being compoundable, compounding fee was deposited. Upon

making the deposit, the competent authority has sanctioned raising of the

ninth floor.

On the other hand, learned State counsel submits that the State

of Haryana has full jurisdiction to register the FIR as the entire payment was

made in the State of Haryana i.e. Sector -17, Panchkula.

I have learned counsel for the parties and have gone through the

case file.

As the sanction initially accorded was for raising/building up to

the level of eighth floor, subsequently sanction was allowed and further load

was added on the building. Whether the addition of a one floor to the

structure, of which the foundations had been laid to raise up to eight floors,

would require change in the basic plan or not is the subject matter to be dealt

by the experts.

Thus, this Court feels that no case for quashing of the FIRs on

this ground is made out.

Consequently, both petitions are dismissed.