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JASJIT SINGH BEDI
Baldev Pahwa – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Jasjit Singh Bedi, J. (Oral)
This is a petition under Section 482 of Cr.P.C. for quashing of FIR No.0489 dated 05.06.2019 under Section 174-A IPC registered at Police Station Karnal City, District Karnal, Haryana and all other subsequent proceedings arising therefrom.
2. The brief facts of the case are that a complaint under Section 138 of Negotiable Instruments Act was instituted against the petitioner/accused at the instance of the complainant/Vijay Kumar Sethi. As the petitioner/accused did not appear before the Trial Court to face trial, he was declared as a proclaimed person as per the order dated 13.05.2019 (Annexure P-2) pursuant to which an FIR under Section 174-A IPC had been ordered to be registered against him in complaint bearing NACT No.2002 of 2018 pending before the JMIC, Karnal.
3. Subsequently, the petitioner/accused approached to the complainant, compromised the matter and paid the entire due amount to the complainant-Vijay Kumar Sethi. Thereafter, the complainant appeared before the Court of Judicial Magistrate Ist Class, Karnal and suffered a statement that as the matter had been settled between the parties and the amount in question had been receive
Continuation of proceedings under Section 174-A IPC is an abuse of process when the underlying complaint under Section 138 is withdrawn due to an amicable settlement.
The withdrawal of the complaint under Section 138 of the Negotiable Instruments Act due to a settlement between the parties led to the quashing of the FIR under Section 174-A.
Withdrawal of a complaint under Section 138 of the NI Act leads to quashing of FIR under Section 174A IPC, as continuing proceedings is an abuse of process.
Continuation of proceedings under Section 174-A IPC is an abuse of the process of law when the main complaint under Section 138 of the Negotiable Instruments Act is withdrawn due to a compromise.
Proceedings under Section 174A IPC are an abuse of process when the underlying complaint is withdrawn following a settlement.
Continuation of proceedings under Section 174-A IPC after withdrawal of the main complaint under Section 138 of Negotiable Instruments Act is an abuse of the process of law and warrants the quashing ....
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