Rajesh Kumar vs State Of Haryana
2024 Latest Caselaw 14684 P&H

Punjab-Haryana High Court

Rajesh Kumar vs State Of Haryana on 14 August, 2024

Author: Manjari Nehru Kaul

Bench: Manjari Nehru Kaul

                                  IN THE HIGH COURT OF PUNJAB & HARYANA
                                               AT CHANDIGARH
                       124
                                                       CRM-M-39387-2024
                                                       Date of decision: August 14th, 2024
                       Rajesh Kumar
                                                                                   .....Petitioner
                                                        Versus

                       State of Haryana
                                                                                 .....Respondent

                       CORAM:       HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

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

                       MANJARI NEHRU KAUL, J. (ORAL)

The instant petition has been filed under Section 528 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for quashing of

FIR No.187 dated 15.04.2021 under Section 174-A of the IPC

registered at Police Station Hisar City 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 04.04.2024 (Annexure P-4)

passed by this Court, wherein it stands reflected that in view of a

compromise arrived at between the parties, the offence under Section

138 of the N.I. Act was compounded and the impugned judgment of

conviction and order of sentence were set aside. 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 the

respondent.

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, in view of

a compromise arrived at between the parties, the offence under Section

138 of the N.I. Act was compounded and the impugned judgment of

conviction and order of sentence were set aside. 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.

                        August 14th, 2024                     (MANJARI NEHRU KAUL)
                        Puneet                                     JUDGE
                                     Whether speaking/reasoned      :      Yes
                                     Whether reportable             :      No