Balihar Singh v. State Of Haryana And ANR

[1]



    
  Date of decision: 11.07.2024 Balihar Singh

...Petitioner

Versus

State of Haryana and Another

...Respondents

     
 



Present:

Mr. Sudhir Rana, Advocate for the petitioner. ****  

 

1.

The present petition has been filed by the petitioner under Section 482 Cr.P.C. seeking quashing of FIR No.844 dated 15.07.2023 (Annexure P4) under Section 174A IPC, registered at Police Station Panipat City, District Panipat and order dated 12.07.2023 (Annexure P1) passed in criminal complaint No.NACT55/2020 dated 07.01.2020 titled as Gurmeet Singh Vs. Balihar Singh, under Section 138 and 142 of Negotiable Instruments Act (for brevity, NI Act), vide which the petitioner was declared as proclaimed person.

2.

The counsel for the petitioner has submitted that complainant/respondent No.2 filed aforesaid criminal complaint against the petitioner under Section 138 of NI Act on account of dishonor of cheque. That in the said proceedings under Section 138 NI Act, the petitioner was declared proclaimed person vide order (Annexure P1) and the Court concerned also gave directions to the local police to register FIR under Section 174A IPC against the petitioner. Consequently, FIR (Annexure

[2] P4) was registered. It is further submitted that subsequently matter was compromised between the parties and settled amount was paid to the complainant by petitioner and aforesaid criminal complaint was dismissed as withdrawn vide order dated 13.05.2024 (Annexure P3) by the Court of Judicial Magistrate Ist Class, Panipat. Counsel for the petitioner further submits that once proceedings under Section 138 of NI Act are withdrawn, then continuation of further proceedings based on the said complaint, would be an abuse of process of Court.

3.

Notice of motion.

4.

Mr. Vishal Kashyap, DAG, Haryana, accepts notice on behalf of State and submits that no ground is made out to quash the impugned FIR, which is independent of the criminal complaint lodged under Section 138 NI Act.

5.

Mr. Ravikant Berwal, Advocate has put in appearance on behalf of complainant/respondent No.2 and has admitted the fact that criminal complaint filed by the complainant under Section 138 NI Act against the present petitioner was dismissed as withdrawn vide order (Annexure P3) as the matter was compromised between the parties. He further stated that respondent No.2 is having no objection if the present petition is allowed.

6.

I have considered the submissions made by counsel for the parties.

7.

Undoubtedly order Annexure P1 and FIR P4 are off shoot of the proceedings under Section 138 of NI Act which were initiated at the instance of the complainant/respondent No.2. The proceedings under

[3] Section 138 NI Act have already been dropped as the parties entered into compromise and criminal complaint under Section 138 NI Act was dismissed as withdrawn vide order Annexure P3. 8.

In view of the matter, since the main complaint filed under Section 138 NI Act stands withdrawn, therefore, continuation of further proceedings including order Annexure P1 and FIR Annexure P4 would be nothing but an abuse of process of law.

9.

In light of above, I find merit in the present petition and accordingly the petition is allowed and order dated 12.07.2023 (Annexure P1) as well as FIR No.844 dated 15.07.2023 (Annexure P4) under Section 174A IPC, registered at Police Station Panipat City, District Panipat and all other subsequent proceedings arising therefrom are quashed.

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