Shivani Saggar v. State Of Punjab And Another

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (O&M) Date of Decision: 21.12.2022  

....Petitioner

Versus







...Respondent

CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Kushagra Mahajan, Advocate for the petitioner.

 

    Mr. Ankush Rampal, Advocate for respondent No.2.

HARSH BUNGER, J. (Oral) CRM-49881-2022 This is an application under Section 482 Cr.P.C for praying for exemption from filing the certified of Annexure R-1 and also seeking permission to place on record true copy of the same. For the reasons mentioned in the application, the same is allowed. Annexure R-1 is taken on record subject to all justice exceptions. CRM-M-52892-2022 Prayer in the instant petition filed under Section 482 Cr.P.C. is for quashing of FIR No.245 dated 31.08.2022 registered at Police Station Sadar, District Amritsar, under Section 174-A IPC along with all consequential proceedings therefrom on the basis of compromise (Annexure P-4) entered into between the parties.

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-8stating that the present FIR has been registered in pursuance of order dated 01.03.2017 (Annexure P-3) passed by Judicial Magistrate First Class, Amritsar. Hence, the present petition may be dismissed. On the other hand, learned counsel for respondent No.2 has admitted the factum of settlement of matter under Section 138 of the Negotiable Instruments Act and also the withdrawal of complaint under Section 138 ibid vide order dated 08.09.2022 (Annexure P-5). He further submits that the respondent No.2 has no objection if FIR is quashed. I have heard the learned counsel for the parties and have perused the paper book.

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.2:0     3          )         3   A+ A perusal of the above referred judgments would manifest that where an FIR under section 174-A of Indian Penal Code was registered consequent upon declaration of the accused in the proceedings under Section 138 of the Negotiable Instruments Act as "Proclaimed Person", then upon

->- subsequent withdrawal of proceedings under Section 138 of the Negotiable Instruments Act on the basis of an amicable settlement, it has been observed that the continuation of proceedings under Section 174-A IPC shall be an abuse of the process of court.

In the present case, it is not in dispute that respondent No.2 had filed complaint under Section 138 of the Act of 1881 for dishonour of cheque and it is in the said proceedings that the order dated 01.03.2017 (Annexure P-2) was passed vide which the petitioner was declared as proclaimed person and intimation was sent to SHO concerned, whereupon the present FIR No.245 dated 31.08.2022 was registered under Section 174A of the Indian Penal Code, 1860 (Annexure P-1) at Police Station Sadar, District Amritsar. Thereafter, the matter was compromised between the parties and complainant/respondent No.2 had withdrawn the complaint under Section 138 of the Act of 1881.

Keeping in view the abovesaid facts and circumstances, as well as the authorities of law referred to above, the present petition is allowed and FIR No.245 dated 31.08.2022 registered under Section 174-A of the Indian Penal Code, 1860 (Annexure P-1) at Police Station Sadar, District Amritsar and all the consequential proceedings arising therefrom, are ordered to be quashed qua the petitioner.

The petition is disposed of in aforestated terms. 21.12.2022 (HARSH BUNGER) Amandeep JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No