Naresh Kumar vs State Of Haryana And Anr
2023 Latest Caselaw 15008 P&H

CRM-M-32212-2022 2023: PHHC:116238
CRM-M-32247-2022

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH
206
Date of Decision: 04" September, 2023
CRM-M-32212-2022
(1)
Naresh Kumar ...Petitioner
Versus
State of Haryana and another ...Respondents
(2)
CRM-M-32247-2022
Naresh Kumar ...Petitioner
Versus
State of Haryana and another ...Respondents

CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:- Mr. Gulshan Nandwani, Advocate for the petitioner(s).
Mr. Chetan Sharma, DAG, Haryana.
None for respondent No.2.

38 2K 3K ok 3

AVNEESH JHINGAN, J. (Oral)

1. These petitions were filed challenging the order dated 18.10.2021 declaring the petitioner(s) as proclaimed person in case NI/154/2017 and NI/34/2018 and for quashing of FIR No.332 dated 29.12.2021 under Section 174-A IPC, registered at Police Station Kosli,

District Rewari and all subsequent proceedings arising thereof.

2. None has put in appeared on behalf of respondent No.2 despite service.

3. On 26" July, 2022, following order was passed:-

"Learned counsel for the petitioner has submitted that

Bos iosa the subject matter of the present case pertains to Section 138 of Ain Haryene High Co

CRM-M-32212-2022 2023: PHHC:116238 CRM-M-32247-2022

the N.I. Act and the petitioner was declared P.O. vide Annexure P-1, and therefore, proceedings under Section 174-A of the Cr.P.C. were initiated against him. He further submitted that the petitioner was never served and the proclamation order was bad in law. He also submitted that be that as it may, the subject matter pertains to Section 138 of the N.I. Act and the matter has since been compromised between the parties and even the complaint itself has been dismissed vide Annexure P-3 and therefore, no useful purpose will be served in case the further proceedings are carried on.

Notice of motion.

Mr. Ranvir Singh Arya, Addl. A.G., Haryana, accepts notice on behalf of respondent No.1/State.

Let a separate notice be issued to respondent No.2 on filing of process fee for 30.01.2023.

In the meantime, operation of the impugned order (Annexure P-1) shall remain stayed.

The proceedings under Section 174-A of the Cr.P.C. shall also remain stayed till the next date of hearing.

The petitioner is directed to surrender before the learned trial Court within a period of three weeks.

A photocopy of this order be placed on the file of another

connected case."

4. As per the pleadings, the matter has been compromised between

the parties and the complaint was withdrawn on 10" June, 2022. He has

produced the order dated 17.08.2022 wherein he had surrendered before the

court concerned and was released on bail.

4. This Court in Vikas Sharma vs.Gurpreet Singh Kohli and

another (supra), 2017, (3) L.A.R. 584, Microqual Techno 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. FEE O° yang 55, in an identical circumstance, held that since the main petition filed

cy an

authenticity of this document

Punjab & Haryana High Court, andigarh

CRM-M-32212-2022 2023: PHHC:116238 CRM-M-32247-2022

under Section 138 of the 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.

5. Learned State counsel is not disputing the fact that the complaint under Section 138 of the Act stands withdrawn.

6. There is no dispute that complaint under Section 138 of the Act was withdrawn. Continuation of proceedings under Section 174-A IPC would be an abuse of process of law. Considering the facts and circumstances of the case in totality and the judgments relied upon by the petitioner, FIR mentioned above and all subsequent proceedings arising therefrom are quashed.

7. Since the main cases have been decided, the pending application, if any is rendered infructuous.

8. A photocopy of this order be placed on the file of the other

connected case.

(AVNEESH JHINGAN) 04" September, 2023 JUDGE Kapil Whether speaking/reasoned Yes/No

Whether reportable No/Yes

KAPIL

2023.09.05 10:13

I attest to the accuracy authenticity of this docu Punjab & Haryana High Chandigarh

and ment Court,