Karambir Singh v. State Of Haryana And Another
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This is a petition filed on behalf of the petitioner seeking quashing of FIR No.118 dated 16.03.2017 (Annexure P-2), under Section 174-A of the Indian Penal Code, registered at Police Station Sector-5, District Panchkula and order dated 18.02.2017 (Annexure P-1), passed by the Court of Judicial Magistrate Ist Class, Panchkula, declaring the petitioner as a proclaimed person in Complaint bearing NACT No.654 of 2016, titled as "Kamlesh Vs. Karambir Singh", filed under Section 138 of the Negotiable Instruments Act as well as all the consequential proceedings arising therefrom, including order dated 06.04.2019 (Annexure P-5), passed by the Court of Chief Judicial Magistrate Panchkula, declaring the petitioner as a proclaimed person in the aforesaid FIR (Annexure P-2). Learned counsel for the petitioner has submitted that a complaint under Section 138 of the Negotiable Instruments Act was filed at the behest of respondent No.2/complainant against the present petitioner,
wherein the petitioner was wrongly declared as proclaimed person vide order dated 18.02.2017 (Annexure P-1) and an intimation regarding the said order was sent by the Judicial Magistrate Ist Class, Panchkula to the Station House Officer concerned to register an FIR in respect of the same. In pursuance of the said intimation, the FIR (Annexure P-2) was registered. It is submitted that during pendency of the present case, the petitioner filed an application under Section 438 of the Code of Criminal Procedure before the Court of Additional Sessions Judge, Panchkula, praying for grant of anticipatory bail in the aforesaid complaint case, whereupon respondent No.
2/complainant appeared before the Court and made a statement to the effect that she has received the full and final payment of the cheque amount in question from the petitioner and she is ready to withdraw the complaint in question, which was filed against the petitioner. Consequent thereto, the petitioner was granted the concession of anticipatory bail, vide order dated 21.03.2017, passed by the Court of Additional Sessions Judge, Panchkula, and the petitioner and respondent No.2/complainant were directed to appear before the trial Court regarding withdrawal of the aforesaid complaint case under Section 138 of the Negotiable Instruments Act. Subsequent thereto, respondent No.2/complainant suffered a statement before the Judicial Magistrate Ist Class, Panchkula, that she does not want to pursue the complaint bearing NACT No.
654 of 2016 and sought withdrawal of the same. On the basis of said statement, the Judicial Magistrate First Class, Panchkula disposed of the complaint being dismissed as withdrawn, vide its order dated 21.03.2017 (Annexure P-4).
withdrawn, the present FIR under Section 174-A of the Indian Penal Code (Annexure P-2) and all the consequential proceedings arising therefrom, deserve to be quashed.
Learned State counsel has not disputed the fact that the complaint (NACT No.654 of 2016) stands withdrawn vide order dated 21.03.2017 (Annexure P-4), passed by the Judicial Magistrate Ist Class, Panchkula and he does not oppose the prayer of petitioner for quashing of FIR.
I have heard learned counsel for the parties and perused the paper book.
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"( In the present case, it is not in dispute that the respondent No.2/complainant had filed a complaint under Section 138 of the Negotiable Instruments Act against the present petitioner and it is in the said proceedings that order dated 18.02.2017 (Annexure P-1) was passed by the Judicial Magistrate Ist Class, Panchkukla, vide which the petitioner was declared as proclaimed person and as a consequential action thereof, the present FIR No.118 dated 16.03.2017 (Annexure P-2), under Section 174-A of the Indian Penal Code, was registered at Police Station Sector-5, Panchkula. Thereafter, the matter was compromised between the parties and complainant had withdrawn the complaint under Section 138 of the Negotiable Instruments Act as per order dated 21.03.2017 (Annexure P-4),
which is reproduced hereinbelow:- - ?%.
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Thus, after the withdrawal of proceedings under Section 138 of the Negotiable Instruments Act on the basis of amicable settlement, continuation of proceedings under Section 174-A of the Indian Penal Code shall be an abuse of process of law.
Keeping in view the aforementioned facts and circumstances, as well as the authorities of law referred to above, the present petition is allowed. FIR No.118 dated 16.03.2017 (Annexure P-2), under Section 174-A of the Indian Penal Code, registered at Police Station Sector-5, District Panchkula and order dated 06.04.2019 (Annexure P-5), passed by the Court of Chief Judicial Magistrate Panchkula, declaring the petitioner as a proclaimed person in the aforesaid FIR (Annexure P-2), are quashed qua the petitioner.
Needless to say that once the main complaint bearing NACT
/ No.654 of 2016, titled as "Kamlesh Vs. Karambir Singh", filed under Section 138 of the Negotiable Instruments Act, stands dismissed as withdrawn vide order dated 21.03.2017 (Annexure P-4); then the order dated 18.02.2017 (Annexure P-1), passed by the Court of Judicial Magistrate Ist Class, Panchkula, declaring the petitioner as a proclaimed person in the said Complaint under Section 138 of the Negotiable Instruments Act, has no independent existence in the eyes of law. Present petition is accordingly disposed of.
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