Lalit Vinayakrao Paunikar v. State Of Haryana And Another

CRM-M No. 29730 of 2023 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M No.29730 of 2023 Decided on: 23.07.2024 Lalit Vinayakrao Paunikar ......Petitioner Vs.

State of Haryana and Another ......Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Shikhar Kataria, Advocate for the petitioner.

Mr. Sukhdev Singh, A.A.G., Punjab.

*** ANOOP CHITKARA J.

FIR No.

Dated Police Station Sections 15.03.2020 Shivaji Nagar, District Gurugram 174-A IPC Seeking quashing of aforesaid FIR registered for non appearance before trial Court and being declared as proclaimed offender vide order dated 22.10.2019, passed by the Ld. JMIC Gurugram, the accused has come up before this court under Section 482 CrPC. 2.

After failure of payment undertaking by petitioner in favour of respondent No.2, the respondent No.2 filed complaint against the petitioner under sections 25 of Payment and Settlement System Act, 2007.

3.

The accused-petitioner 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 CrPC and declared the petitioner a proclaimed offender vide aforesaid order and refer the matter to concerned Police Station for registration of FIR.

4.

After issuance of proclamation, parties settled their dispute and the complainant made a statement before the trial Court that he did not want to pursue its case and as Sonia Puri 2024.08.02 17:56 I attest to the accuracy and integrity of this document

CRM-M No. 29730 of 2023 -2such the complaint was dismissed as withdrawn vide order dated 23.01.2023. 5.

Since the main complaint stands compromised and, FIR was registered for violation by the petitioner by not appearing before the trial Court, 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, the above captioned FIR, Annexure P-1 and all consequential proceedings are quashed. Bail bond/ surety bond, if any, furnished stand discharged. All pending applications, if any, stand closed. (ANOOP CHITKARA) JUDGE 23.07.2024 Sonia Puri Whether speaking/reasoned:

Yes Whether reportable:

No.

Sonia Puri 2024.08.02 17:56 I attest to the accuracy and integrity of this document