Labh Singh v. State Of Haryana

2023:PHHC:049411

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.249 CRM-M-6723-2023 Date of Decision : April 11, 2023 Labh Singh

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL

Present:

Mr. Sudhir Rana, Advocate, for the petitioner. Mr. Deepak Grewal, DAG, Haryana.

***** SUDHIR MITTAL, J. (ORAL) This petition has been filed for quashing of FIR No.761, dated 02.12.2021, registered at Police Station Karnal Civil Lines, District Karnal, under Section 174-A IPC and all subsequent proceedings. Learned counsel for the petitioner has submitted that the aforementioned FIR was registered as the petitioner has been declared a proclaimed person in a complaint filed under Section 138 of Negotiable Instruments Act, 1881. The said complaint has since been withdrawn and thus, the order declaring the petitioner as proclaimed person is no longer in existence. Accordingly, continuing with the FIR would be oppressive. The same may be quashed.

Learned State counsel submits on instructions from SI Abhay Ram that the complaint has been withdrawn as compromised. It is thus clear that the order declaring the petitioner as proclaimed person has ceased to exist due to withdrawal of the complaint ANKUR GOYAL 2023.04.12 16:48 I attest to the accuracy and integrity of this order/judgment

2023:PHHC:049411 CRM-M-6723-2023 --2-- filed under Section 138 of Negotiable Instruments Act, 1881. Under the circumstances, continuing with the FIR would serve no fruitful purpose and would only be oppressive. Thus, FIR No.761, dated 02.12.2021, registered at Police Station Karnal Civil Lines, District Karnal, under Section 174-A IPC and all subsequent proceedings, are quashed qua the petitioner. April 11, 2023 (SUDHIR MITTAL) Ankur JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANKUR GOYAL 2023.04.12 16:48 I attest to the accuracy and integrity of this order/judgment