ORDER :

Kirti Singh, J. (Oral)

1. The present petition under Section 482 Cr.P.C. has been filed for quashing the order dated 08.01.2020 (Annexure P-1) passed by the learned Chief Judicial Magistrate, Rupnagar, vide which the petitioner has been declared proclaimed offender in case NACT No.452 of 2018 titled as 'Narinder Singh vs. Jatinder Pal Singh @ Bhangi' and FIR bearing No.0015 dated 06.02.2020 (Annexure P-2) under Section 174-A IPC, Police Station Nangal, District Rupnagar.

2. Brief facts of the case are that complainant filed a criminal complaint, under Section 138 of the Negotiable Instruments Act, 1881 (for short "NI Act"), against the petitioner and due to non appearance before the learned Trial Court the petitioner was declared proclaimed offender vide order dated 08.01.2020 and the FIR in question was registered.

3. Learned counsel for the petitioner submits that the parties have settled the dispute and the above stated complaint under Section 138 of NI Act stands withdrawn vide order dated 03.03.2021. He further submits that once the main case has been settled and withdrawn, it would be in the interest of justice that the FIR in question may be quashed.

4. Reliance has been placed upon the decision rendered by the Co-ordinate Bench of this Court in "Baldev Chand Bansal vs. State of Haryana and another" CRM-M-43813-2018 and "Jagdeep Virk vs. State of Haryana and another", CRM-M-29251-2018.

5. Learned State counsel has opposed the present petition and has submitted that the FIR has been correctly registered.

6. This Court has heard the learned counsel for the petitioner and the learned State counsel and has perused the paper-book.

7. From the above-said facts and circumstances, it is apparent that the present FIR was registered in view of the fact that the petitioner was declared as a proclaimed offender in the proceeding under Section 138 of the Act of 1881. The impugned complaint under Section 138 of the Act of 1881 itself has been withdrawn.

8. A co-ordinate Bench of this Court in CRM-M-43813-2018 titled as "Baldev Chand Bansal vs. State of Haryana and another", decided on 29.01.2019 has held as under:-

"Prayer in this petition is for quashing of FIR No. 64 dated 15.02.2017 filed under Section 174-A of the Indian Penal Code registered at Police Station Sector-5, Panchkula and all other subsequent proceedings arising thereof as well as order dated 24.10.2016 passed by the trial Court vide which a direction was issued to register the aforesaid FIR.

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Learned counsel for the petitioner has relied upon the decisions rendered by this Court in "Vikas Sharma vs. Gurpreet Singh Kohli and another (supra), 2017, (3) L.A.R.584, Microqual Techno Limited and others Vs. State of Haryana and another, 2015 (32) RCR (CrL) 790 and "Rajneesh Khanna Vs. State of Haryana and another" 2017(3) L.A.R. 555 wherein in an identical circumstance, this Court has held that since the main petition filed under Section 138 of the Act stands withdrawn in view of an amicable settlement between the parties, therefore, continuation of proceedings under Section 174A of IPC shall be nothing but an abuse of the process of law.

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In view of the same, I find merit in the present petition and accordingly, present petition is allowed and the impugned order dated 24.10.2016 passed by Judicial Magistrate, 1st Class, Panchkula as well as FIR No.64 dated 15.02.2017 registered under Section 174-A of the Indian Penal Code at Police Station Sector-5, Panchkula and all other subsequent proceedings arising thereof, are hereby quashed. "

9. A perusal of the above judgment would show that in a similar case where the FIR had been registered under Section 174-A IPC in view of the order passed in proceedings under Section 138 of the Act, while declaring the petitioner therein as proclaimed offender, a coordinate Bench after relying upon various judgments observed that once the main petition under Section 138 of the Act stands withdrawn in view of an amicable settlem