P&H: Quashes FIR Under Section 174-A IPC And Environment Complaint Against Ex-Owner For Aravali Violations

punjab-haryana
⚖️ Order Date: 18 May 2026
Headnotes

Criminal Procedure Code, 1973, S.82, Indian Penal Code, 1860, S.174-A — Proclaimed person — Preconditions for issuance — Publication at the accused’s ordinary residence and at the court house and grant of not less than thirty days time not shown to have been complied with...

Criminal Procedure Code, 1973, S.482, Environment (Protection) Act, 1986, Ss.15, 17 — Quashing of complaint — Accused had divested ownership and possession prior to complaint — Petitioner sold the property in 2010 as vacant plot, complaint filed in 2014 against “M/s Eastern Base” with alleged...

Criminal Trial — Service of process — Summons/warrants sent to incorrect/old addresses — When records disclose only a solitary bailable warrant and no proper service, and the accused was not residing at the notified addresses, effective service cannot be presumed and proclamation founded thereon is unsustainable....


Facts of the Case

P&H: Quashes FIR Under Section 174-A IPC And Environment Complaint Against Ex-Owner For Aravali Violations

The Punjab and Haryana High Court has quashed an FIR under Section 174-A IPC and set aside proclamation proceedings against a woman accused in an environmental case, finding that mandatory procedures for declaring her a proclaimed person were not followed and that she had sold the property years before the complaint was filed.

Seeking to quash a 2014 complaint by the Haryana State Pollution Control Board (HSPCB) alleging violations of the 1992 Aravali Notification at a farm house in Gurgaon, and to quash FIR registered after she was declared a proclaimed person.

The petitioner argued that all court processes were...

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