Rinku vs State Of Haryana And Another
2024 Latest Caselaw 6209 P&H

Punjab-Haryana High Court

Rinku vs State Of Haryana And Another on 19 March, 2024

Author: Manjari Nehru Kaul

Bench: Manjari Nehru Kaul

                                  IN THE HIGH COURT OF PUNJAB & HARYANA
                                               AT CHANDIGARH
                       121
                                                       2024:PHHC:038974
                                                       CRM-M-14213-2024
                                                       Date of decision: March 19th, 2024
                       Rinku
                                                                                   .....Petitioner

                                                        Versus

                       State of Haryana and another
                                                                                .....Respondents

                       CORAM:       HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

                       Present:     Mr. Durgesh Chaudhary Barana, Advocate
                                    with Mr. Gaurav Sharma, 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.485 dated 07.12.2020 (Annexure P-2)

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

Karnal, and all other consequential proceedings arising therefrom.

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

the attention of this Court to order dated 03.08.2022 (Annexure P-3),

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withdrawn on the basis of a compromise.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.

                        March 19th, 2024                     (MANJARI NEHRU KAUL)
                        Puneet                                     JUDGE

                                   Whether speaking/reasoned        :     Yes

                                   Whether reportable               :     No