Ekta v. State Of Punjab And Another

2023:PHHC:158812 CRM-M-37239-2023 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-37239-2023 Date of decision : December 11, 2023 Ekta ....Petitioner

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI Present :

Mr. Ankur Bansal, Advocate, for the petitioner Mr. Karunesh Kaushal, AAG, Punjab None for respondent No. 2 KULDEEP TIWARI,J. (ORAL) 1.

The instant petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 28 dated 24.2.2023, under Section 174-A IPC, registered at Police Station Navi Baradari, District Jalandhar (Annexure P-1) along with all consequential proceedings arising therefrom.

2.

Learned counsel appearing on behalf of the petitioner submits that subsequent to registration of the FIR in question, the parties had ironed out their differences and arrived at an amicable settlement, as a result of which the complaint under Section 138 of the Negotiable Instruments Act, 1881 stood withdrawn by the complainant. In support, learned counsel has drawn the attention of this Court to the order dated 20.3.2023. (Annexure P-7) passed by DALBIR SINGH TIWANA 2023.12.13 10:26 I attest to the accuracy and authenticity of this order/judgment.

2023:PHHC:158812 CRM-M-37239-2023 -2learned Judicial Magistrate First Class-3, Jalandhar. He submits that in the circumstances, continuation of the FIR (Annexure P-1) and consequential proceedings arising therefrom would not serve any useful purpose, and thus, the same be quashed. 3.

Learned State counsel has filed status report by way of affidavit of Assistant Commissioner of Police, Sub-Division Central, Jalandhar. The same is taken on record. Learned State counsel has also submitted that as per status report, complaint filed under Section 138 of the Negotiable Instruments Act, 1881 has been withdrawn by the complainant.

4.

I have heard learned counsel for the parties and perused the relevant material on record, 5.

In the light of submissions made by learned counsel representing the petitioner together with the fact that since the original complaint already stands withdrawn, this Court deems it appropriate to quash the criminal proceedings in the instant case. Accordingly, the petition is allowed, and the FIR No. 28 dated 24.2.2023, under Section 174-A IPC, registered at Police Station Navi Baradari, District Jalandhar, (Annexure P-1) and all consequential proceedings arising out of it, are quashed. ( KULDEEP TIWARI ) December 11, 2023 JUDGE 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No DALBIR SINGH TIWANA 2023.12.13 10:26 I attest to the accuracy and authenticity of this order/judgment.