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2019 Supreme(P&H) 2073

ANIL KSHETARPAL
Ravi Kukreja And Another – Appellant
Versus
State Of Haryana And Another – Respondent


Advocates Appeared:
Gautam Dutt, Advocate, Akanksha Verma, Advocate, Anmol Malik, Advocate, Harsh Aggarwal, Advocate

JUDGMENT

Anil Kshetarpal, J. - Petitioners have filed this petition seeking quashing of FIR No.77, dated 12.03.2013, registered under Sections 406/420/467/471/120- B/506 IPC, at Police Station City Sonepat, District Sonepat, subsequent proceedings including final Police report dated 12.06.2014 and all consequential proceedings arising therefrom on the ground that the same gives rise to a civil dispute and not a criminal offence, hence, continuation of criminal proceedings shall result in abuse of the process of court.

2. In 2015, when the petition was filed, notice in the petition and notice regarding stay was issued. In nutshell, the allegations are that Ravi Kukreja and Jitendra Kukreja, petitioners herein are Directors of Presidium Breweries Private Limited. The company through the petitioners entered into an agreement authorising M/s Bhatia and Co. to sell its five alcoholic drinks in States of Punjab and Haryana. The brands which were permitted to be sold are as under:-

    (1) Host whisky

      (2) Block Forest whisky

        (3) Lavansha Duet gin,

          (4) Personal Adviser Whisky; and

            (5) Lavasha Vodka.

            3. For that, a sum of Rs.10,00,000/- was received as security for State of Haryana and Rs.5,00,0

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