Continuation of proceedings under Section 174-A IPC after withdrawal of the main complaint due to settlement between the parties is an abuse of the process of law.

JUDGMENT

Sanjay Vashisth, J. - By way of present petition, petitioner - Sanjeev Kumar seeks quashing of FIR No. 0348, dated 17.02.2020, under Section 174-A IPC (Annexure P-1), registered at Police Station Ambala City, as well as all the consequential proceedings arising therefrom.

2. Brief facts of the case are that Sanjay Bhatia had filed a complaint, bearing No. COMA/2269/2016, dated 23.11.2016, titled as 'Sanjay Bhatia v. Sanjeev Kumar', under Section 138 of the Negotiable Instruments Act, 1881, in the court of learned Judicial Magistrate Ist Class, Ambala, against the petitioner. Due to non-appearance of the petitioner in the said complaint case, he was declared as a proclaimed person, vide order dated 23.04.2018 (Annexure P-9), passed by learned Judicial Magistrate Ist Class, Ambala, and it was directed to register FIR under Section 174-A IPC against the present petitioner. Accordingly, aforementioned FIR was registered.

3. Learned counsel for the petitioner refers to the statement of complainant Sanjay Bhatia, dated 09.06.2022 (Annexure P-11), made before learned Judicial Magistrate Ist Class, Ambala, which reads as under:-

'Stated that I have entered into a settlement with accused Sanjeev in the present case in Daily Lok Adalat and I have no transaction remaining with the accused and that I have no objection ifthe file is deposited in office."

4. Learned counsel for the petitioner also refers to the order dated 09.06.2022 (Annexure P-10), passed by learned Judicial Magistrate Ist Class, Ambala, vide which by noticing the factum of settlement of dispute, said complaint was ordered to be dismissed as withdrawn being compromised in Daily Lok Adalat and accused (petitioner herein) was discharged. Order dated 09.06.2022 (Annexure P-10) says as under:-

'Present: Complainant in person with Sh. Khushi Ram Saini, Advocate.

File taken up again. Main case fie received from record room. It be restored on its original number. Complainant Sanjiv Bhatia present before the Court and got recorded his statement that he has compromised the matter with the accused today in Daily LokAdalat and now nothing is outstanding against the accused and therefore, he does not want to pursue the present complaint and the same may be dismissed as withdrawn being compromised in Daily Lok Adalat. Complainant is duly identified by his counsel. Heard. Keeping in view the statement made by the complainant, the complainant is permitted to withdraw the present complaint. Accordingly, the present complaint is hereby dismissed as withdrawn being compromised in Daily Lok Adalat. Accused is hereby discharged and be released from custody in this case forthwith. File be consigned to the record room after due compliance.

Pronounced:- 09.06.2022

Sd/-

(Arun Dabla)

Judicial Magistrate Ist Class,

Ambala

(UID: (HR-0475)'

5. Thus, learned counsel for the petitioner argues that in view of order dated 09.06.2022 (Annexure P-10), no purpose would be achieved by continuing with the proceedings arising out of FIR No. 0348, dated 17.02.2020, under Section 174-A IPC (Annexure P-1), registered at Police Station Ambala City.

6. In support of his submissions, learned counsel for the petitioner has placed reliance on a judgment passed by co-ordinate Bench of this Court in the case of 'Hitesh H. Shah v. State of Haryana and another' (CRM-M-12034-2022, decided on 13.07.2022), and submits that case of petitioner is identical on facts and law to that of the referred judgment.

7. Notice of motion.

8. On asking of the Court, Mr. Vikas Bhardwaj, Assistant Advocate General, Haryana, who is present in the Court, accepts notice on behalf of respondent-State. He submits that aforementioned FIR has rightly been registered against the petitioner in accordance with law, by following all the provisions of Cr.P.C., and same is required to come to a logical end. However, he does not dispute the fact that the very dispute out of which proceedings were ordered to be initiated against the petitioner, under Section 17