M/S Punnagai And Another vs State Of Haryana And Others
2023 Latest Caselaw 19790 P&H

                               IN THE HIGH COURT OF PUNJAB & HARYANA
                                           AT CHANDIGARH
                    306
                                                    2023:PHHC:144784
                                                    CRM-M-18489-2023
                                                    Date of decision: November 15th, 2023

                    M/s Punnagai and another
                                                                               .....Petitioners

                                                     Versus

                    State of Haryana and others
                                                                             .....Respondents

                    CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

                    Present:     Mr. Dinesh Kumar Jangra, 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.2123 dated 12.12.2022 (Annexure P-2)

under Section 174-A of the IPC registered at Police Station Shivaji

Nagar, Gurgaon and all consequential proceedings arising therefrom.

2. Learned counsel for the petitioner, at the outset, has drawn

the attention of this Court to order dated 17.05.2023, wherein it stands

reflected that in view of a statement made by the AR for 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withdrawn on the basis of a compromise.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 174-A of the PUNEET SACHDEVA 2023.11.15 14:28 I attest to the accuracy and integrity of this document.

Chandigarh

IPC against the petitioner was quashed.

3. Notice of motion.

4. On asking of the Court, Ms. Jasleen Chahal,

Assistant 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 petitioners 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 offender 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.

                    November 15th, 2023                         (MANJARI NEHRU KAUL)
                    Puneet                                             JUDGE


                                Whether speaking/reasoned          :     Yes

                                Whether reportable                 :     No




PUNEET SACHDEVA
2023.11.15 14:28
I attest to the accuracy and
integrity of this document.
Chandigarh