Meena Devi vs State Of Haryana And Another
2024 Latest Caselaw 16011 P&H

Punjab-Haryana High Court

Meena Devi vs State Of Haryana And Another on 2 September, 2024

Author: Anoop Chitkara

Bench: Anoop Chitkara

                     CRM-M No. 42869 of 2024


                     123                IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                                                    CRM-M No. 42869 of 2024
                                                                    Date of Decision: 02.09.2024

                     Meena Devi                                              ...Pe   oner

                                                                 Versus

                     State of Haryana and another                            ...Respondents

                     CORAM:            HON'BLE MR. JUSTICE ANOOP CHITKARA

                     Present:          Mr. Sumit S. Bairagi, Advocate
                                       for the pe oner.

                                       Mr. Vikrant Pamboo, Sr. D.A.G., Haryana (through V.C.).

                                              ****
                     ANOOP CHITKARA, J.

                     FIR No.           Dated             Police Sta on       Sec ons
                     833               22.10.2023        Indri,       Karnal 174-A IPC
                                                         (Haryana)

Seeking quashing of aforesaid FIR, the accused has come up before this court under Sec on 528 BNSS.

2. A er dishonour of cheque handed over to Balvinder Kumar by the pe oner, he had filed a complaint against the pe oner under sec on 138 of Nego able Instruments Act, 1881.

3. The accused-pe oner could not be served through the ordinary process, including summons, bailable warrants, and even non-bailable warrants. The concerned court finally proceeded against the pe oner under sec on 82 of CrPC and declared the pe oner a proclaimed person vide order dated 03.07.2023.

4. A er issuance of proclama on, the ma er was se led between the par es. The factum of compromise was recorded by Ld. Trial Court in its order dated 15.05.2024. Vide order dated 15.05.2024, the complaint was dismissed as withdrawn and the order of proclama on was recalled.

5. In paragraph 7 of the pe on, the pe oner explains that she has appeared before the trial Court on the date fixed but to her u er shock and surprise,

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she was declared proclaimed person. In the case's factual background, I am sa sfied with the explana on offered. The primary ma er stands dismissed as withdrawn; there is no jus fica on for con nuing the ancillary proceedings under sec on 174-A IPC.

6. Consequently, in the facts and circumstances peculiar to this case, the pe on is allowed, the above cap oned FIR (Annexure P-2) and all consequen al proceedings arising therefrom are quashed. Bail bonds/surety bonds, if any stands discharged.

Pe on allowed. All pending applica ons, if any, stand closed.

                                                                                     (ANOOP CHITKARA)
                                                                                        JUDGE
                     02.09.2024
                     Jyo Sharma

                     Whether speaking/reasoned:               Yes
                     Whether reportable:                      No.








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