Akash Joshi And ANR v. State Of Haryana And Another

CRM-M-44325-2019

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-44325-2019 (O&M)

Reserved on: 22.08.2022

Date of Pronouncement: 25.08.2022

Akash Joshi & another

...Petitioner (s)

Versus

State of Haryana & another

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Abhimanu, Advocate for Mr. Rajesh Lamba, Advocate for the petitioner(s).

Mr. Rajat Gautam, DAG, Haryana.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 1.8.2019 Shivaji Nagar, District Gurugram 174-A IPC Seeking quashing of aforesaid FIR, the accused have come up before this court under Section 482 CrPC.

2.

After dishonour of cheque handed over by the petitioners to second respondent, the second respondent had filed a complaint against the petitioners under section 138 of 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 petitioners under section 82 of CrPC and declared the petitioners as proclaimed offenders vide aforesaid order. ASHWANI KUMAR 2022.08.26 17:38 I attest to the accuracy and integrity of this Judicial Record/Decree/Document, which is scanned copy of the original

CRM-M-44325-2019 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 1309-2019. Vide order dated 14-09-2019 the complaint was dismissed as withdrawn.

5.

The primary matter stands dismissed as withdrawn; there is no justification for continuing the ancillary proceedings under section 174-A IPC.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 mentioned above is quashed qua the petitioners. All pending warrants stand canceled, and further proceedings are also quashed. Petition allowed. All pending applications, if any, stand closed. (ANOOP CHITKARA) JUDGE August 25, 2022 AK Whether speaking/reasoned:

Yes Whether reportable:

No.

ASHWANI KUMAR 2022.08.26 17:38 I attest to the accuracy and integrity of this Judicial Record/Decree/Document, which is scanned copy of the original