Partap Singh vs State Of Haryana And Another
2024 Latest Caselaw 1639 P&H

Punjab-Haryana High Court

Partap Singh vs State Of Haryana And Another on 24 January, 2024

Author: Manjari Nehru Kaul

Bench: Manjari Nehru Kaul

                               IN THE HIGH COURT OF PUNJAB & HARYANA
                                           AT CHANDIGARH
                    126
                                                     2024:PHHC:009520
                                                     CRM-M-3778-2024
                                                     Date of decision: January 24th, 2024
                    Partap Singh
                                                                                 .....Petitioner

                                                      Versus

                    State of Haryana and another
                                                                              .....Respondents

                    CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

                    Present:      Mr. Bhupender 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.1722 dated 17.12.2023 (Annexure P-2)

under Section 174-A of the IPC registered at Police Station Civil Lines,

Karnal and subsequent proceedings arising therefrom.

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

the attention of this Court to order dated 15.01.2024 (Annexure P-4),

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withdrawn on the basis of a compromise.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 of

the 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. Mr. Sanjay, Advocate, for Mr. Dixit Vashisht, Advocate,

has entered appearance on behalf of respondent No.2 and has filed

power of attorney, which is taken on record.

6. Learned counsel for complainant-respondent No.2 does not

dispute the submissions made by the counsel opposite about the matter

having been settled and the complainant in question under Section 138

of the N.I. Act having been withdrawn vide order dated 15.01.2024.

7. 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.

8. I have heard learned counsel for the parties and perused the

relevant material on record.

9. The petitioner was declared a proclaimed offender 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.

10. Accordingly, the present petition is allowed and FIR

registered under Section 174-A of the IPC and all consequential

proceedings arising therefrom are quashed.

                    January 24th, 2024                                  (MANJARI NEHRU KAUL)
                    Puneet                                                     JUDGE
                                  Whether speaking/reasoned   :   Yes

PUNEET SACHDEVA                   Whether reportable          :   No