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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KIRTI SINGH
Jatinder Pal Singh @ Bhangi – Appellant
Versus
State of Punjab – Respondent
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submits that the parties have settled the dispute and the above stated complaint under Section 138 of NI Act stands withdrawn vide order dated 03.03.2021. He further submits that once the main case has been settled and withdrawn, it would be in the interest of justice that the FIR in question may be quashed.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
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of proceedings under Section 174-A IPC is an abuse of process when the underlying complaint under Section 138 is withdrawn due to an amicable settlement.
Proceedings under Section 174A IPC are an abuse of process when the underlying complaint is withdrawn following a settlement.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.
Proceedings under Section 174-A IPC cannot continue post-withdrawal of the main complaint under Section 138 of the Negotiable Instruments Act, as it constitutes an abuse of the process of law.
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IPC is an abuse of the process of law when the main complaint under Section 138 of the Negotiable Instruments Act is withdrawn due to a compromise.
The withdrawal of the main petition under Section 138 of the Negotiable Instruments Act, due to an amicable settlement between the parties, renders the continuation of proceedings under Section 174-A....
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