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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Gyan Prakash Rastogi – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Sumeet Goel, J. (Oral)
1. The petition in hand has been filed under Section 482 of Cr.P.C., with the following substantive prayer:
'It is, therefore, respectfully prayed that this petition being filed by the petitioner may kindly be allowed and to quash the FIR No.77 dated 16.6.2017 registered under Sections 174-A of IPC, Police Station Sector-53, Gurugram (Annexure P-1), the Final Form/Report (Annexure P-3), as well order dated 15.2.2018 (Annexure P-5) by which the Ld. Trial Court framed charge against the accused in CHI/2369/2017 now fixed in the Hon'ble Court of Ms. Himani Gill, JMIC, Gurugram, Haryana alongwith all the consequential proceedings arising thereto.'
2. The impugned FIR (as set out in the petition in hand) reads thus:-
'To SHO Sir, Sector 53 Gurugram Jai Hind I ASI alongwith Constable Ganesh Kumar 2618/GGM were present patrolling at Udhog Vihar Phase-5 that Davender Kumar son of Jaipal Singh resident H. No. 31PE LIG FLAT Hari Nagar New Delhi 110064, Assistant Manager HDFC Bank Indianexpress ITO Delhi met us and presented one order PO GN 652 dt. 24.08.2015 Case No. 138 NIACT/67267/2014 from the Hon'ble Court of Sh. Kunal Garg JMIC Gurugram related to Gyan Parka
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of proceedings under Section 174-A IPC is unjust when the related complaint under Section 138 NI Act has been withdrawn following a compromise, affirming the court's role to prevent abus....
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.
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IPC is an abuse of the process of law when the main complaint under Section 138 of the Negotiable Instruments Act is withdrawn due to a compromise.
Continuation of proceedings under Section 174-A IPC is an abuse of process of law once the main dispute between the parties has ended.
Amicable settlement of disputes under Section 138 of the N.I. Act may justify the quashing of proceedings under Section 174-A of the IPC.
Proceedings under Section 174A IPC are an abuse of process when the underlying complaint is withdrawn following a settlement.
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