Vikas Monga vs State Of Haryana
2022 Latest Caselaw 17678 P&H

    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                   CHANDIGARH

                                          CRM-M No.61104 of 2022 (O&M)
                                              Date of decision: 26.12.2022

Vikas Monga
                                                               ....Petitioner
                                   Versus
State of Haryana
                                                             ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present: Mr. D.S. Dhakla, Advocate for the petitioner.

ARVIND SINGH SANGWAN J. (Oral)

Request for fixed today is accepted.

The Registry is directed to list this case and assign case

number.

Prayer in this petition is for quashing of FIR No.1030

dated 27.11.2022 registered under Section 174-A IPC at Police Station

Karnal Civil Lines, District Karnal, and subsequent proceedings arising

therefrom.

Learned counsel for the petitioner has argued that the FIR

was registered in pursuance to an order dated 29.10.2022 passed in the

proceedings under Section 138 of the Negotiable Instruments Act. It is

further submitted that now the matter has been settled and the

complaint under Section 138 of the Negotiable Instruments Act stands

withdrawn on 17.12.2022.

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

1 of 2

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 N.I.

Act stands withdrawn in view of an amicable settlement between the

parties, therefore, continuation of proceedings under Section 174-A of

IPC shall be nothing but an abuse of the process of law.

Notice of motion.

Mr. Ashok S. Chaudhary, Addl. A.G. Haryana who is

present in the Court accepts notice on behalf of the respondent - State

and has not disputed the factual position.

After hearing learned counsel for the parties and in view of

the judgment passed in Vikash Sharma (supra) case, considering the

fact that the complaint filed under Section 138 of the Act was

compromised and the complaint stood dismissed as withdrawn, this

Court is of the opinion that continuation of proceedings under Section

174-A IPC shall be an abuse of process of law.

Accordingly, this petition is allowed and FIR No.1030

dated 27.11.2022 registered under Section 174-A IPC at Police Station

Karnal Civil Lines, District Karnal along with all the subsequent

proceedings arising therefrom is hereby quashed qua the petitioner

herein.

                                          (ARVIND SINGH SANGWAN)
                                                   JUDGE
26.12.2022
yakub        Whether speaking/reasoned:              Yes/No
             Whether reportable:                     Yes/No




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