Raj Kumar v. State Of Haryana And ANR

CRM-M No.43047 of 2018 --1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M No.43047 of 2018

Reserved on: 19.09.2022

Pronounced on: 26.09.2022 Raj Kumar ......Petitioner Vs.

State of Haryana and another ......Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Raj Kumar Rana, Advocate for the petitioner. Mr. Rajat Gautam, DAG, Haryana.

*** ANOOP CHITKARA J.

FIR No.

Dated Police Station Section 11.09.2018 Panipat City, District Panipat 174-A IPC Seeking quashing of aforesaid FIR, registered on the directions of JMIC, Panipat vide order dated 27.08.2018, the accused has come up before this court under Section 482 Cr.P.C. 2.

After failure of Electronic Clearance Instructions, by the petitioner favouring the complainant/respondent, the second respondent had filed a complaint against the petitioner under section 138 of The Negotiable Instruments Act, 1881. 3.

The accused could not be served through the ordinary process, including summons, bailable warrants, and even non-bailable warrants. The concerned court finally proceeded against the petitioner under section 82 of Cr.P.C. and declared the petitioner a proclaimed offender, and also order registration of FIR. Based on such complaint, the police registered the above-mentioned FIR against the petitioner.

4.

After issuance of proclamation, the matter got settled between the parties. The factum of compromise was recorded by Ld. Trial Court in its order dated 14.09.2018. Vide order dated 14.09.2018, passed by JMIC, Panipat, Haryana, the complaint was dismissed as withdrawn. 5.

In the case's factual background, I am satisfied with the explanation offered. The primary JYOTI 2022.09.30 03:37 I attest to the accuracy and integrity of this document

CRM-M No.43047 of 2018 --2matter stands dismissed as withdrawn; there is no justification for continuing the ancillary proceedings under section 174-A IPC. Consequently, in the facts and circumstances peculiar to this case, the petition is allowed and the FIR mentioned above (Annexure P-2) and all consequential proceedings is quashed. Bail bonds stand discharged. Petition allowed. All pending applications, if any, stand closed. (ANOOP CHITKARA) JUDGE 26.09.2022 Jyoti-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2022.09.30 03:37 I attest to the accuracy and integrity of this document