Suresh Kumar v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc.No.M-8401 of 2023 Date of Decision:- 16.02.2023 Suresh Kumar ....Petitioner vs.

State of Haryana and another ....Respondents *** BEFORE :- HON'BLE MR. JUSTICE SUDHIR MITTAL *** Present:- Mr. Kshitiz Goel, Advocate, for the petitioner.

*** Sudhir Mittal, J. (Oral) It is submitted that FIR No.73 dated 17.01.2023 was registered at Police Station Civil Lines, Sirsa under Section 174-A IPC because the petitioner had been declared a proclaimed person in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881. The said complaint has been withdrawn on account of a compromise, thus, the order declaring the petitioner as a proclaimed person is no longer in existence. The FIR may, thus, be quashed as otherwise it would amount to oppression. Notice of motion.

Mr.Deepak Grewal, DAG, Haryana, accepts notice on behalf of respondent No.1 and waives service. Mr. Anil Rana, Advocate puts in appearance on behalf of respondent No.2 and waives service. Learned counsel for respondent No.2 admits the fact that the complaint under Section 138 of the Negotiable Instruments Act, 1881 has since been withdrawn on account of compromise. POONAM RATHORE 2023.02.20 15:07 I attest to the accuracy and authenticity of this order/judgement

Crl. Misc.No.M-8401 of 2023 -2In view of the above, continuation with the proceedings in the FIR aforementioned would be a waste of judicial time and would also be oppressive. Accordingly, FIR No. 73 dated 17.01.2023 registered at Police Station Civil Lines, Sirsa under Section 174-A IPC and all consequential proceedings arising therefrom are quashed.

February 16, 2023 ( SUDHIR MITTAL) poonam JUDGE Whether Speaking/Reasoned Yes Whether Reportable No POONAM RATHORE 2023.02.20 15:07 I attest to the accuracy and authenticity of this order/judgement