Punjab-Haryana High Court

Sukhdeep Singh vs State Of Haryana on 6 May, 2024

Author: Manjari Nehru Kaul

Bench: Manjari Nehru Kaul

                                    IN THE HIGH COURT OF PUNJAB & HARYANA
                                                 AT CHANDIGARH
                         132

                                                               CRM-M-17740-2024
                                                               Date of decision: May 6th, 2024
                         Sukhdeep Singh
                                                                                      .....Petitioner

                                                         Versus

                         State of Haryana
                                                                                  .....Respondent

                         CORAM:       HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

                         Present:     Ms. Kamlesh, Advocate
                                      for Mr. Parminder 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.410 dated 20.06.2022 under Section

174-A of the IPC registered at Police Station Civil Lines, Karnal.

2. Learned counsel for the petitioner submits that it is a

matter of record that the parties have already arrived at an amicable

settlement in the complaint in question leading to the withdrawal of the

said complaint before learned JMIC Karnal on 29.01.2024. In support,

learned has drawn the attention of this Court to (Annexure P-6),

wherein the said fact 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withdrawn on the basis of a compromise.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 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 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.

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.

                        May 6th, 2024                         (MANJARI NEHRU KAUL)
                        Puneet                                      JUDGE


                                     Whether speaking/reasoned      :      Yes


                                     Whether reportable             :      No