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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
H.S.GREWAL
Ramapati Mishra – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
H.S. Grewal, J.(Oral)
1. The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.2326 dated 27.11.2019, under Section 174-A IPC, registered at Police Station Shivaji Nagar, District Gurugram (Annexure P-1) along with all consequential proceedings arising therefrom and order dated 30.11.2018 (Annexure P-2) passed by the learned Judicial Magistrate 1st Class, Gurugram in a complaint case No.5965 of 2016, dated 10.05.2016, titled as 'Sunil Kumar vs. Ramapati Mishra' under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred as 'NI Act') registered at the instance of respondent No.2 at Police Station Shivaji Nagar, Gurugram.
2. Learned counsel for the petitioner contended that the present FIR is the outcome of a criminal complaint filed against the petitioner under Section 138 of the NI Act wherein the petitioner was declared as a proclaimed person. He further contended that the trial Court has acquitted the petitioner from the charges levelled against him in the criminal complaint under Section 138 of the NI Act. He has referred to the judgment of acquittal passed by the trial Court on 06.07.2022 at Annexure P-8. He, therefore,
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of proceedings under Section 174-A IPC is unjust when the related complaint under Section 138 NI Act has been withdrawn following a compromise, affirming the court's role to prevent abus....
Proceedings under Section 174A IPC are an abuse of process when the underlying complaint is withdrawn following a settlement.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of proceedings under Section 174-A IPC is an abuse of process when the underlying complaint under Section 138 is withdrawn due to an amicable settlement.
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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