Jatinder Kumar vs State Of Punjab And Another
2023 Latest Caselaw 4078 P&H

                                                           Neutral Citation No:=2023:PHHC:052009




CRM-M-17696-2023 (O&M)                                                      -1-

             IN THE HIGH COURT OF PUNJAB & HARYANA
                          AT CHANDIGARH
124
                                                         CRM-M-17696-2023 (O&M)
                                                          Date of decision: 13.04.2023
JATINDER KUMAR
                                                                              ....Petitioner
                                 Versus

STATE OF PUNJAB AND ANOTHER
                                                                           ...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
                                  *****

Present : Mr. P.K.S. Phoolka, Advocate for the petitioner.

*****

AMAN CHAUDHARY. J.

The present petition has been filed under Section 482 Cr.P.C. for

quashing the FIR No.0160 dated 06.12.2019 under Section 174-A IPC, 1860

registered at Police Station Phool, District Bathinda.

Learned counsel for the petitioner submits that in the complaint filed

under Section 138 of Negotiable Instruments Act, the petitioner was declared

proclaimed person vide order dated 26.11.2019, whereafter, the FIR under Section

174-A IPC was registered against the petitioner on 06.12.2019. Subsequently, there

was a compromise that was effected between the parties and statement qua

compromise was recorded on 20.12.2021. The complaint itself was withdrawn vide

order dated 12.03.2022.

Notice of motion.

Mr. Manipal Singh Atwal, DAG Punjab appears on receipt of advance

notice and has no objection to the prayer made in view of the compromise.

Heard.

Admittedly, the parties have compromised the matter and consequently,

the complaint under Section 138 of the N.I. Act itself was ordered to be withdrawn

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Neutral Citation No:=2023:PHHC:052009

CRM-M-17696-2023 (O&M) -2-

by the Court on 12.03.2022.

In similar set of facts and circumstances, while placing reliance on the

judgments of this Court in Microqual Techno R.C.R. (Criminal) 790; Rajneesh

Khanna vs. State of Haryana and another, 2017 (3) L.A.R. 555, CRM-M32612 of

2020, Surender Singh v. State of Haryana and another decided on 12.01.2021,

the Court in the case of Murli Jha vs State of Haryana 2021(3) R.C.R.(Criminal)

563, quashed the proceedings initiated under Section 174-A IPC by observing 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. "

Considering the aforesaid facts and circumstances of the case and the

decisions referred, this Court finds that the continuation of proceedings against the

petitioner pursuant to FIR in question, would be an abuse of process of law.

Accordingly, the present petition is allowed and FIR No.0160 dated 06.12.2019

under Section 174-A IPC, 1860 registered at Police Station Phool, District Bathinda,

is quashed.

                                                (AMAN CHAUDHARY)
                                                   JUDGE
April 13, 2023
M.Kamra
      Whether speaking/reasoned         :      Yes/No
      Whether reportable                :      Yes/No




                                                          Neutral Citation No:=2023:PHHC:052009

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