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High Court of Punjab and HaryanaCRM-M/2736/2019allowed

Parvinder v. State Of Haryana And Another

2025-08-27Mr. Justice Vinod S. Bhardwaj3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : August 27, 2025 Parvinder ...... Petitioner

Versus

State of Haryana and another ...... Respondent CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ *** Present :-Ms. Sony, Advocate for the petitioner.

Ms. Chavvi Sharma, Asstt. Advocate General, Haryana. Mr. Rajesh Bansal, Advocate for respondent No.2. **** VINOD S. BHARDWAJ , J. (Oral) 1.

The petitioner has filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No. 1270 dated 06.12.2018 (Annexure P-3) under Section 174-A IPC registered at Police Station Chandnibagh, District Panipat along with all other consequential proceedings arising therefrom.

2.

Learned counsel for the petitioner submits that the aforesaid complaint under Section 138 of the Negotiable Instruments Act bearing No. NACT-640 of 2018 titled as Shishpal Vs. Parvinder has been instituted by respondent wherein the petitioner has been summoned vide order dated 19.04.2018.

3.

The petitioner refers to the zimni orders dated 19.04.2018, 01.06.2018 and 24.08.2018 which shows that the service of the summons had never been effected upon the petitioner. It is

submitted that notwithstanding the fact that no service has been effected, the respondents initiated the process of declaration of the petitioner as a Proclaimed person in breach of law. Learned counsel for the petitioner submits that the matter has already been amicably settled between the parties and in view of the said settlement, the original complaint already stands withdrawn vide order dated 15.12.2018 passed by Judicial Magistrate Ist Class, Panipat (Annexure P-4).

4.

It is contended that no useful purpose would be served by continuing with the present FIR and the proceedings emanating therefrom against the petitioner, especially in the circumstances when the proceedings in the main complaint itself have been settled and the complaint stands withdrawn.

5.

The factum of settlement and withdrawal of the complaint is not disputed by learned counsel for the respondentcomplainant, although, he submits that there are certain issues which are still pending, however, the respondent may, if so advised, is entitled to take recourse to the appropriate remedy available to him for settlement of the remaining issues.

6.

Taking into consideration that the main complaint has already been settled, I find that keeping the present FIR pending will not serve any purpose. Consequently, the present petition is allowed. FIR No. 1270 dated 06.12.2018 (Annexure P-3) under Section 174-A IPC registered at Police Station Chandnibagh, District Panipat along with all other consequential proceedings arising therefrom stands

quashed subject to payment of costs of Rs. 5,000/- to be deposited by the petitioner with the District Legal Services Authority, Panipat. ( VINOD S. BHARDWAJ) JUDGE August 27, 2025 archana