Avtar Singh v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-35838-2022 Decided on : 30.11.2022 Avtar Singh . . . Petitioner(s)

Versus

State of Haryana . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Arpandeep Narula, Advocate for the petitioner(s).

Mr. Vikas Bhardwaj, AAG, Haryana.

**** SANJAY VASHISTH, J. (Oral) Prayer in this petition, filed under Section 482 of the Code of Criminal Procedure, 1973, is for quashing of FIR No.186, dated 19.04.2022, under Section 174-A of IPC, registered at Police Station City Mandi Dabwali, District Sirsa (Annexure P-3), and all consequential proceedings arising therefrom.

Main issue against the petitioner i.e. filing of complaint against the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (for brevity, 'NI Act'), already stood withdrawn on 21.07.2022, in view of the compromise entered into between the parties. In support of this fact, statement dated 21.07.2022 made by complainant as well as the order dated 21.07.2022 passed on the basis of statement, are annexed with the petition as Annexures P-4 & P-5, respectively.

Learned counsel for the petitioner submits that declaration of the petitioner as proclaimed offender, and thereafter, registration of FIR under Section 174-A of IPC, would not be considered material proceeding, once main offence from which such proceedings emerged, has already been compromised JAWALA RAM 2022.11.30 15:33 I attest to the accuracy and authenticity of this order/judgement.

CRM-M-35838-2022 - 2 - between the private parties. In support of her contention, learned counsel relies upon judgment of the co-ordinate Bench of this Court rendered in CRM-M47657-2022, titled as, "Randhir Singh Tyagi vs. State of Haryana and another", decided on 17.10.2022.

In view of the settled proposition of law, wherein, several other similar matters have already been decided by this Court, learned State counsel has no serious and authentic submissions before this Court to oppose the prayer made in present petition.

Under these circumstances, once the proceedings under Section 138 of NI Act stands withdrawn on the basis of compromise, continuation of the instant FIR under Section 174-A of IPC is nothing but an abuse of process of law. In this regard reliance can be placed upon judgment rendered by this Court in the case of Microqual Techno Limited and others v. State of Haryana and another-2015(32) RCR (Criminal) 790, which has also been followed in CRM-M-47891-2021, titled as, "Jitender Singh v. State of Haryana and another", decided on 16.11.2021, and the order dated 05.09.2022, passed by this Court in CRM-M-34291-2022, titled as, "Pankaj Sharma Vs. State of Haryana and another".

Accordingly, instant petition is allowed. Order dated 17.03.2022 declaring the petitioner as proclaimed offender, and all consequential proceedings arising therefrom including FIR No.186, dated 19.04.2022, under Section 174-A of IPC, registered at Police Station City Mandi Dabwali, District Sirsa, stand quashed qua the petitioner.

(SANJAY VASHISTH) JUDGE November 30, 2022 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2022.11.30 15:33 I attest to the accuracy and authenticity of this order/judgement.