Rahul Kumar vs State Of Haryana And Another
2024 Latest Caselaw 7668 P&H

Punjab-Haryana High Court

Rahul Kumar vs State Of Haryana And Another on 10 April, 2024

Author: Manjari Nehru Kaul

Bench: Manjari Nehru Kaul

                                  IN THE HIGH COURT OF PUNJAB & HARYANA
                                               AT CHANDIGARH
                       121
                                                       2024:PHHC:049002
                                                       CRM-M-17636-2024
                                                       Date of decision: April 10th, 2024
                       Rahul Kumar
                                                                                     .....Petitioner

                                                        Versus

                       State of Haryana and another
                                                                                  .....Respondents

                       CORAM:       HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

                       Present:     Mr. Lakhwinder Singh, 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.43 dated 29.01.2020 under Section

174-A of the IPC registered at Police Station Barwala, District Hisar,

along with all subsequent proceedings arising therefrom.

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

the attention of this Court to order dated 13.08.2022 (Annexure P-3),

wherein it stands reflected that in view of a statement made by learned

counsel 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as withdrawn on the basis of a compromise.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 IPC against the petitioner was quashed.

3. Notice of motion.

4. On asking of the Court, Ms. Trishanjali Sharma,

Deputy 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 petitioner 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 person 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.

                       April 10th, 2024                      (MANJARI NEHRU KAUL)
                        Puneet                                     JUDGE
                                   Whether speaking/reasoned        :     Yes

                                   Whether reportable               :     No