Punjab-Haryana High Court
Neelam Devi vs State Of Haryana And Another on 23 September, 2024
CRM-M-47715-2024 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.139
Case No. : CRM-M-47715-2024
Decided On : September 23, 2024
Neelam Devi .... Petitioner
vs.
State of Haryana and another .... Respondents
CORAM : HON'BLE MR. JUSTICE GURBIR SINGH.
* * *
Present : Mr. G. S. Sandhu, Advocate
for the petitioner.
Mr. Karan Sharma, DAG, Haryana.
Mr. Bhushan Bhatia, Advocate
and Mr. Hemant Hans, Advocate
for respondent no.2/complainant.
* * *
GURBIR SINGH, J. :
1. Prayer in the present petition filed under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS) is for quashing of FIR No.0286
dated 14.07.2022, under Section 174-A IPC, registered at Police Station
Butana, District Karnal (Annexure P-2), with all consequential proceedings
including report under Section 173 Cr.P.C. dated 17.09.2022 (Annexure P-
3), as the main Complaint Case i.e. NACT/6596/2018 titled as Sarav
Haryana Gramin Bank through Ramesh Kumar Manager vs. Neelam
Devi, filed under Section 138/142 of Negotiable Instruments Act, has
already been dismissed as withdrawn vide order dated 14.09.2022
(Annexure P-4), passed by learned Judicial Magistrate Ist Class, Karnal
(hereinafter referred to as - Trial Court) as the matter has been compromised
between the parties.
2. Pursuant to advance notice, learned State counsel and learned
counsel for the complainant/respondent no.2 have put in appearance to assist
the Court and state that they have no objection if the FIR in question is
quashed on the basis of compromise.
3. Learned counsel for the petitioner has submitted that respondent
no.2 filed complaint under Section 138 of the Negotiable Instruments Act
(Annexure P-1), against the petitioner for dishonouring of cheque, wherein
the petitioner was declared proclaimed person vide order dated 19.05.2022
and accordingly, FIR in question (Annexure P-2) was registered against the
petitioner. Learned counsel has further intimated that the aforesaid
complaint under Section 138 of the Negotiable Instruments Act (Annexure
P-1) has been dismissed as withdrawn, vide order dated 14.09.2022
(Annexure P-4) passed by learned Trial Court, as the parties have amicably
settled their dispute and have entered into compromise. The said fact has
not been disputed by learned counsel appearing on behalf of respondent
no.2/complainant.
4. I have heard learned counsel for the parties and perused the case
file.
5. It is settled law, when the main case under Section 138 of the
Negotiable Instruments Act, out of which FIR has arisen, stands settled
between the parties, then continuation of proceedings under Section 174-A
IPC would be nothing but an abuse of the process of Court.
6. In view of the above facts, the present petition is allowed and FIR
No.0286 dated 14.07.2022, under Section 174-A IPC, registered at Police
Station Butana, District Karnal (Annexure P-2) and report under Section 173
Cr.P.C. dated 17.09.2022 (Annexure P-3) are hereby quashed along with all
consequential proceedings arising therefrom, in view of the fact that the
complaint case, out of which the aforesaid FIR has arisen, has already been
dismissed as withdrawn vide order dated 14.09.2022 (Annexure P-4), passed
by learned Trial Court, on the basis of compromise arrived at between the
parties.
7. Pending applications, if any, shall stand disposed of along with
this judgment.
September 23, 2024 (GURBIR SINGH)
monika JUDGE
Whether speaking/reasoned ? Yes/No.
Whether reportable ? Yes/No.
