M/S Punnagai And Another v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:144784 CRM-M-18489-2023 Date of decision: November 15th, 2023 M/s Punnagai and another .....Petitioners

Versus

State of Haryana and others .....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Dinesh Kumar Jangra, Advocate for the petitioner.

MANJARI NEHRU KAUL , J. (ORAL) The instant petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.2123 dated 12.12.2022 (Annexure P-2) under Section 174-A of the IPC registered at Police Station Shivaji Nagar, Gurgaon and all consequential proceedings arising therefrom. 2.

Learned counsel for the petitioner, at the outset, has drawn the attention of this Court to order dated 17.05.2023, wherein it stands reflected that in view of a statement made by the AR for the complainant, the complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the NI Act') was dismissed as withdrawn on the basis of a compromise. A prayer, therefore, has been made that in the aforementioned facts and circumstances, no purpose would be served by prosecuting the petitioner under Section 174-A IPC. In support of his submissions, learned counsel has placed reliance upon the judgment of this Court in Sher Singh vs. State of Haryana (CRM-M-11846-2023) decided on 09.03.2023 wherein in identical facts and circumstances, the FIR registered under Section 174-A of the PUNEET SACHDEVA 2023.11.15 14:28 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-18489-2023 -2IPC against the petitioner was quashed.

3.

Notice of motion.

4.

On asking of the Court, Ms. Jasleen Chahal, Assistant Advocate General, Haryana, accepts notice on behalf of respondent No.1-State.

5.

Learned State counsel has opposed the prayer made by the counsel opposite and contended that it was evident that the petitioner had intentionally not appeared during the proceedings before the Court below and hence, the prayer of the petitioners deserved to be declined. 6.

I have heard learned counsel for the parties and perused the relevant material on record.

7.

The petitioner was declared a proclaimed offender in a complaint case under Section 138 of the NI Act. Admittedly, the said complaint was withdrawn after the parties arrived at a compromise. Hence, continuation of criminal proceedings for offence under Section 174-A of the IPC would serve no useful purpose. 8.

Accordingly, the present petition is allowed and FIR registered under Section 174-A of the IPC and all consequential proceedings arising therefrom are quashed.

November 15th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2023.11.15 14:28 I attest to the accuracy and integrity of this document.

Chandigarh