Rakesh Babbar vs State Of Haryana And Another
2023 Latest Caselaw 20773 P&H

Punjab-Haryana High Court

Rakesh Babbar vs State Of Haryana And Another on 30 November, 2023

Author: Manjari Nehru Kaul

Bench: Manjari Nehru Kaul

          CRM-M-28649-2023                                                      -1-
                                                                        2023:PHHC:152821


          305        IN THE HIGH COURT OF PUNJAB AND HARYANA
                                     AT CHANDIGARH

                                                                CRM-M-28649-2023
                                                                Decided on : 30.11.2023

          Rakesh Babbar                                               ...... Petitioner

                                                    Versus

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

          CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

          Present :            Mr. Ajay Fatyal, Advocate
                               for the petitioner.

                               Ms. Jasleen Chahal, AAG, Haryana.

                                          ****

          Manjari Nehru Kaul, J.(Oral)

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

for quashing of FIR No.325 dated 27.04.2023 (Annexure P-3) under

Section 174-A IPC registered at Police Station Sector 8 District

Faridabad 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 11.05.2023 (Annexure P-8)

wherein it stands reflected that the complaint under Section 138 of the

Negotiable Instruments Act, 1881 (for short, 'the NI Act') stands

withdrawn by the complainant. 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, more so,

when he was not involved in any other criminal case much less under

Section 138 of the NI Act nor had he been declared a proclaimed

2023:PHHC:152821

offender prior thereto in any other case. 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.

3. 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.

4. Heard learned counsel for the parties and perused the

relevant material on record.

5. In the light of submissions made by learned counsel

representing the petitioner together with the fact that complaint under

Section 138 of the Act stands withdrawn, this Court deems it appropriate

to quash the criminal proceedings in the instant case. Accordingly, the

petition is allowed, and the FIR (Annexure P-1) and all consequential

proceedings arising out of it, are quashed.

          30.11.2023                                    (MANJARI NEHRU KAUL)
          sonia                                                  JUDGE

                               Whether speaking/reasoned:          Yes/No
                               Whether reportable :                Yes/No