Hitesh Kumar Sharda vs State Of Haryana And Another

Punjab-Haryana High Court

Hitesh Kumar Sharda vs State Of Haryana And Another on 3 May, 2024

Author: Manjari Nehru Kaul

Bench: Manjari Nehru Kaul

                                  IN THE HIGH COURT OF PUNJAB & HARYANA
                                               AT CHANDIGARH
                       125
                                                             2024:PHHC:061162
                                                             CRM-M-22168-2024
                                                             Date of decision: May 3rd, 2024
                       Hitesh Kumar Sharda
                                                                                   .....Petitioner

                                                        Versus

                       The State of Haryana and another
                                                                                .....Respondents

                       CORAM:       HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

                       Present:     Mr. Sprash Chhibber, Advocate
                                    for the petitioner.

                       MANJARI NEHRU KAUL, J. (ORAL)

The instant petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.2529 dated 26.10.2023 under Section 174-A of the IPC registered at Police Station City, Shivaji Nagar, Gurugram along with all subsequent proceedings arising therefrom.

2. Learned counsel for the petitioner, at the outset, has drawn the attention of this Court to order dated 19.03.2024 (Annexure P-4), wherein it stands reflected that in view of a statement made by the complainant, the complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the NI Act') was dismissed as withdrawn on the basis of a compromise. A prayer, therefore, has been made that in the aforementioned facts and circumstances, no purpose would be served by prosecuting the petitioner under Section 174-A IPC. In support of his submissions, learned counsel has placed reliance upon the judgment of this Court in Sher Singh vs. State of Haryana (CRM-M-11846-2023) decided on 09.03.2023, wherein in identical facts and circumstances, the FIR registered under Section PUNEET SACHDEVA 2024.05.03 14:58 174-A of the IPC against the petitioner was quashed. I attest to the accuracy and integrity of this document Chandigarh CRM-M-22168-2024 -2-

3. Notice of motion.

4. On asking of the Court, Ms. Trishanjali Sharma, Deputy Advocate General, Haryana, accepts notice on behalf of respondent No.1-State.

5. Learned State counsel has opposed the prayer made by the counsel opposite and contended that it was evident that the petitioner had intentionally not appeared during the proceedings before the Court below and hence, the prayer of the petitioner deserved to be declined.

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

7. The petitioner was declared a proclaimed person in a complaint case under Section 138 of the NI Act. Admittedly, the said complaint was withdrawn after the parties arrived at a compromise. Hence, continuation of criminal proceedings for offence under Section 174-A of the IPC would serve no useful purpose.

8. Accordingly, the present petition is allowed and FIR registered under Section 174-A of the IPC and all consequential proceedings arising therefrom are quashed.

                        May 3rd, 2024                        (MANJARI NEHRU KAUL)
                        Puneet                                    JUDGE
                                   Whether speaking/reasoned        :     Yes

                                   Whether reportable               :     No




PUNEET SACHDEVA
2024.05.03 14:58
I attest to the accuracy and
integrity of this document
Chandigarh