Jogendera Jat v. State Of Haryana
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$$$$$ + ( ,*- This is a petition filed on behalf of the petitioner under Section 482 Cr.P.C. for quashing of FIR No.688 dated 28.08.2022, under Section 174-A IPC (Annexure P-1), registered at Police Station Sirsa City, District Sirsa, Haryana, arising out of complaint bearing NACT No.307 of 2021, titled as "Thakar Chemicals Ltd. Vs. M/s Kisan Khad Beej Bhandar and another" filed under Section 138 of the Negotiable Instruments Act and all the consequential proceedings arising therefrom, inter alia, stating that the matter has been compromised between the parties. Learned counsel for the petitioner has submitted that in the present case, a complaint under Section 138 of the Negotiable Instruments Act was filed at the behest of complainant (Vimal Kumar) against the present petitioner for dishonour of the cheque and in the said complaint, the petitioner was wrongly declared as proclaimed person vide order dated 08.08.2022 (Annexure P-3) and an intimation was sent by Judicial
Magistrate First Class, Sirsa to Superintendent of Police, Sirsa for directing concerned Station House Officer to register an FIR in respect of the same and in pursuance of the said intimation, the present FIR was registered. It is submitted that during pendency of the present case, the matter got amicably settled between the petitioner and complainant and subsequent thereto, complainant-Vimal Kumar suffered a statement (Annexure P-4) before the Judicial Magistrate Ist Class, Sirsa, not to pursue the complaint bearing NACT No.307 of 2021 and sought withdrawal of the same. On the basis of said statement, the Judicial Magistrate First Class, Sirsa granted permission to withdraw the complaint vide its order dated 12.09.2022 (Annexure P-5). It is further submitted that once the complaint under Section 138 of the Negotiable Instruments Act has been withdrawn, the present FIR under Section 174-A IPC deserves to be quashed.
Learned State counsel has not disputed the fact that the complaint (NACT No.307 of 2021) stands withdrawn vide order dated 12.09.2022 (Annexure P-5), passed by the Judicial Magistrate Ist Class, Sirsa and he does not oppose the prayer of petitioner for quashing of FIR. I have heard learned counsel for the parties and have perused the paper book.
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In the present case, it is not in dispute that the complainant had filed a complaint under Section 138 of the Negotiable Instruments Act for
dishonour of cheque and it is in the said proceedings that order dated 08.08.2022 (Annexure P-3) was passed by the Judicial Magistrate Ist Class, Sirsa, vide which the petitioner was declared as proclaimed person and as a consequential action thereof, the present FIR No.688 dated 28.08.2022, under Section 174-A IPC (Annexure P-1), was registered at Police Station Sirsa City, District Sirsa, Haryana. Thereafter, the matter was compromised between the parties and complainant had withdrawn the complaint under Section 138 of the Negotiable Instruments Act as per order dated 12.09.2022 (Annexure P-5), which is reproduced hereinbelow:- , ?%.
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Thus, after the withdrawal of proceedings under Section 138 of the Negotiable Instruments Act on the basis of amicable settlement, continuation of proceedings under Section 174-A IPC shall be an abuse of process of law.
Keeping in view the aforementioned facts and circumstances,
as well as the authorities of law referred to above, the present petition is allowed and FIR No.688 dated 28.08.2022, under Section 174-A IPC (Annexure P-1), registered at Police Station Sirsa City, District Sirsa, Haryana and all the consequential proceedings arising therefrom, are quashed qua the petitioner herein.
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