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PANKAJ JAIN
Mohammad Hanif Attari – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. petition for quashing fir based on prior discharge (Para 1 , 2) |
| 2. judicial precedents on independent proceedings under section 174-a ipc (Para 3 , 4 , 5) |
| 3. court's directive to quash fir and proceedings (Para 7) |
JUDGMENT :
Pankaj Jain, J.
By way of present petition filed under Section 482 Cr.P.C. , the petitioner is seeking quashing of FIR No.828, dated 12.10.2018 registered for the offence punishable under Section 174-A IPC, at Police Station Shivaji Nagar, District Gurugram (Annexure P-2) which came into being after the petitioner was declared Proclaimed Offender in the proceedings against him in FIR No.425 dated 17th of November, 2017 registered for the offences punishable under Sections 63 of Copy Right Act, 120-B, 420 of the IPC ( Sections 177 , 180, 467, 468, 471 IPC, 66-D IT Act added later on), at Police Station Sector 17/18, District Gurugram.
2. It is not in dispute that an application was moved by the prosecution agency in FIR No.425 of 2017 ibid that the petitioner has been found to be not involved in the said case and on the basis thereof he was ordered to be discharged vide order dated 11th of October, 2019.
3. In view the fact that after the principle p
Continuation of proceedings under Section 174-A IPC is an abuse of process of law once the main dispute between the parties has ended.
The withdrawal of the main case due to a compromise renders the continuation of proceedings under Section 174-A of the IPC an abuse of process of law.
The withdrawal of the main complaint under Sections 138/141 of the Act of 1881 due to a compromise between the parties renders the continuation of proceedings under Section 174-A of the IPC an abuse ....
Continuation of proceedings under Section 174-A IPC is unjust when the related complaint under Section 138 NI Act has been withdrawn following a compromise, affirming the court's role to prevent abus....
Continuation of ancillary proceedings under Section 229-A IPC is unsustainable post-acquittal in the main trial, reflecting the need to prevent abuse of the judicial process.
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.
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