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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Kuldeep Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
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| 1. factual foundation of the fir and the history of prior legal proceedings. (Para 1 , 2) |
| 2. contention that criminal proceedings are a misuse of process to settle a purely civil dispute. (Para 3 , 4) |
| 3. legal impossibility of granting quashing petitions following the rejection of anticipatory bail without changed circumstances. (Para 5 , 6) |
| 4. abuse of legal process by absconding accused and the imposition of exemplary costs. (Para 7) |
| 5. dismissal of the petition and administrative directions for compliance. (Para 8) |
JUDGMENT
SUMEET GOEL, J.
The petition in hand has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as BNSS) (erstwhile Section 482 of the Criminal Procedure Code, 1973), with the following substantive prayer:
“It is, therefore, respectfully prayed that the present petition may kindly be allowed and the FIR No.01 dated 10.01.2026 under Section 318(4), 336(2), 336(3), 338, 340, 61(2) of BNS 2023 (under Section 420, 463, 465, 467, 471, and 120-B of IPC), Annexure P-7, registered at Police Station NRI District Mohali Punjab being the misuse of process of law got recorded by an incompetent person having no disput
A petition for quashing an FIR is not maintainable immediately after the dismissal of an anticipatory bail plea without a material change in circumstances. Such attempts constitute an abuse of proces....
A second FIR cannot be filed for the same offences due to the principles set forth in Section 162, CrPC, and the distinction between civil and criminal disputes is paramount in determining maintainab....
The court affirmed that serious fraud allegations necessitate custodial interrogation, and delay in FIR does not negate the urgency for investigation.
Anticipatory bail is a discretionary remedy that may be denied when there is an inordinate, unexplained delay in seeking relief, as such delay suggests an evasion of the investigative process. Additi....
Cheating and forgery – A bonafide criminal prosecution cannot be quashed at threshold.
The court emphasized the need for custodial interrogation based on prima facie evidence of forgery, and highlighted the balance between personal liberty and societal interest in granting anticipatory....
Point of Law : The remedies available in law for false and vexatious charges have also been highlighted in the said judgment to dissuade the High Courts from exercising powers under Section 482 CrPC.
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