Munesh vs State Of Haryana And Another
2024 Latest Caselaw 8825 P&H

Punjab-Haryana High Court

Munesh vs State Of Haryana And Another on 25 April, 2024

Author: Manjari Nehru Kaul

Bench: Manjari Nehru Kaul

                       CRM-M-20376-2024                                                       1

                                  IN THE HIGH COURT OF PUNJAB & HARYANA
                                               AT CHANDIGARH
                       130
                                                       2024:PHHC:056217
                                                       CRM-M-20376-2024
                                                       Date of decision: April 25th, 2024
                       Munesh
                                                                                   .....Petitioner

                                                        Versus

                       State of Haryana and another
                                                                                .....Respondents

                       CORAM:       HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

                       Present:     Mr. Amit Jain, Advocate
                                    for the petitioner.

                       MANJARI NEHRU KAUL, J. (ORAL)

The instant petition has been filed under Section 482

Cr.P.C. for quashing of order dated 12.03.2019 passed by learned JMIC,

Gurugram, whereby petitioner has been declared as proclaimed person

in NACT 16787 of 2017 dated 17.10.2017 along with FIR No.812 dated

08.05.2019 under Section 174-A of the IPC registered at Police Station

Shivaji Nagar, Gurugram, 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 25.02.2020 (Annexure P-5),

wherein it stands reflected that in view of a statement made by 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withdrawn on the basis of a compromise.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 25th, 2024                        (MANJARI NEHRU KAUL)
                        Puneet                                         JUDGE
                                    Whether speaking/reasoned       :     Yes

                                    Whether reportable              :     No