Inder Raj v. State Of Haryana And Another

In Baldev Chand Bansal vs. State of Haryana and another, CRM-M-43813-2018, decided on 29.01.2019, this Court quashed the FIR

registered under Section 174-A IPC in pursuance of the settlement arrived at between the parties, and held thus:

"Prayer in this petition is for quashing of FIR No.64 dated 15.02.2017 filed under Section 174-A of the Indian Penal Code registered at Police Station Sector-5, Panchkula and all other subsequent proceedings arising thereof as well as order dated 24.10.2016 passed by the trial Court vide which a direction was issued to register the aforesaid FIR.

xxx xxx xxx Learned counsel for the petitioner has relied upon the decisions rendered by this Court in " Vikas Sharma vs. Gurpreet Singh Kohli and another (supra), 2017, (3) L.A.R.584, Microqual Techno Limited and others Vs. State of Haryana and another, 2015 (32) RCR (Crl.) 790 and "Rajneesh Khanna Vs. State of Haryana and another" 2017(3) L.A.R. 555 wherein in an identical circumstance, this Court has held that since the main petition filed under Section 138 of the Act stands withdrawn in view of an amicable settlement between the parties, therefore, continuation of proceedings under Section 174A of IPC shall be nothing but an abuse of the process of law.

xxx xxx xxx In view of the same, I find merit in the present petition and accordingly, present petition is allowed and the impugned order dated 24.10.2016 passed by Judicial Magistrate, 1st Class, Panchkula as well as FIR No.64 dated 15.02.2017 registered under Section 174-A of the Indian Penal Code at Police Station Sector-5, Panchkula and all other subsequent proceedings arising thereof, are hereby quashed."

8.

In similar set of facts and circumstances, while placing reliance on the judgments of Microqual Techno Ltd. vs. State of Haryana, 2015 (32) RCR (Criminal) 790; Rajneesh Khanna vs. State of Haryana and another, 2017 (3) L.A.R. 555, CRM-M32612 of 2020, Surender Singh vs. State of Haryana and another decided on 12.01.2021, the proceedings initiated under Section 174-A IPC, were quashed by this Court in the case of Murli Jha vs. State of Haryana

2021(3) R.C.R.(Criminal) 563, by observing therein that, "I have considered the rival submissions of the parties. The FIR is an outcome of the order declaring the petitioner as a proclaimed person in proceedings initiated under section 138 of NI Act which stands settled, the complaint has been withdrawn and the proceedings against the accused petitioner were dropped. In such circumstances, the continuation of prosecution under Section 174-A IPC in pursuance to orders passed by the trial Court cannot be permitted to continue."

9.

In the present case, the petitioner was declared a proclaimed person on 04.06.2018, pursuant to which the impugned FIR was registered 14.08.2018, however, the main complaint itself stood