Asha Saini v. State Of Haryana And ANR

CRM-M No.37680-2021 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No.37680-2021 Date of decision:-15.09.2022 Asha Saini ......Petitioner Vs.

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

Present:

Mr. Kshitij Bharati, Advocate for the petitioner Mr. Manish Bansal, DAG, Haryana *** ANOOP CHITKARA J.

FIR No.

Dated Police Station Sections 07.02.2020 Sector 5, District Panchkula 174-A IPC Seeking quashing of aforesaid FIR, registered on the directions of JMIC Panchkula, the accused has come up before this court under Section 482 CrPC. 2.

After dishonour of the cheque drawn 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 CrPC 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 21-09-2019. Vide order dated 21-09-2019, passed by JMIC Panchkula, Haryana, the complaint was dismissed as withdrawn. 5.

In the case's factual background, I am satisfied with the explanation offered. The primary matter stands dismissed as withdrawn; there is no justification for continuing the ancillary SONIA ARORA 2022.09.20 17:14 I attest to the accuracy and integrity of this document

CRM-M No.37680-2021 --2-- proceedings under section 174-A IPC. Consequently, in the facts and circumstances peculiar to this case, the petition is allowed, FIR mentioned above, Annexure 1 and all consequential proceedings arising out of the same are quashed qua the petitioner. All pending warrants stand canceled, and further proceedings quashed. Petition allowed. All pending applications, if any, stand closed. (ANOOP CHITKARA) JUDGE Sep 15, 2022 sonia arora Whether speaking/reasoned:

Yes Whether reportable:

No.

SONIA ARORA 2022.09.20 17:14 I attest to the accuracy and integrity of this document