JUDGMENT :

SUMEET GOEL, J.

1. The petition in hand has been filed under Section 482 of Cr.P.C. with the following substantive prayer:

“Therefore, it is respectfully prayed that the present petition may kindly be allowed and the impugned Quashing of the FIR no. 692 dated 19.07.2017 registered under section 174-A at police station City Jind, Jind, District Jind, (Annexure P-3) whereby F.I.R. was registered after the petitioner has been declared as proclaimed person in complaint case under section 138 of Negotiable instrument case bearing case No. CIS No. 504-2015 titled as Jai Bhagwan versus Rajbir, listed before Ld. JMIC, Jind District Jind, Haryana and for quashing of all the consequential proceedings arisen therefrom the above mentioned F.I.R. (Annexure P-3) may be quashed being illegal, non-est, nullity and having not been carried out in accordance with the prescribed procedure, in the interest of justice.”

2. The impugned FIR (as set out in the petition in hand) reads thus:-

“Jai Bhagwan Vs. Rajbir CIS No.504-2015 Present Complainant in person with Shri S.K. Sharma, Advocate, Accused absent. Today none appeared on behalf of accused Rajbir Singh despite repeated calls since morning. Wait sufficiently. No further wait would be justified. Proclamation under Section 82 Cr.P.C. issued against accused Rajbir Singh has been effective. Serving EHC Suresh kumar no. 274 has appeared and his statement has been over since the service of proclamation upon the accused. Hence accused namely Rajbir Singh s/o Jeet Singh is declared as Proclaimed person. Copy of this order be sent to S.H.O. P.S concerned for initiating the proceedings under section 174-A IPC. That copy of order be treated as a complaint under section 195 of Cr.P.C. Ld. APP as complainant has closed his evidence under section 299 Cr.P.C. Therefore file be consigned to record room and the same will be and when accused arrested as requisitioned ог surrendered before the court. A note be given of the file with red ink that file may not be destroyed. Sd (Isha Khatri) JMIC, Jind 17.12.2016. one order no. 3513 Dated 17.12.2016 was received from Court of Isha Khatri, JMIC Jind and vide order dated 17.12.2016 offence under section 174-A was found to be committed and case no 692 dated 19.07.2017 under section 174-A of IPC is registered at Police station City Jind and copies will e sent to officer after preparing copies from computer.”

3. Learned counsel for the petitioner has submitted that the impugned FIR, has its genesis, in a criminal complaint filed against the petitioner (herein) under Section 138 of Negotiable Instruments Act of 1881, in proceedings whereof the petitioner was declared as a proclaimed person & hence the impugned FIR came to be got registered against the petitioner. Learned counsel for the petitioner has argued that the order as also the proceedings declaring the petitioner as a proclaimed person are manifestly illegal and against the mandatory provisions of law. It has been further iterated that the criminal complaint under Section 138 of NI Act, 1881 has already been withdrawn as the rival parties had entered into a compromise/settlement and hence no useful purpose would be served by continuation of the proceedings qua the impugned FIR. To buttress this aspect of his argument, learned counsel for the petitioner has relied upon the order dated 04.10.2017 passed by the concerned Judicial Magistrate which reads thus:

“Complainant suffered a statement in the court that he does not want to proceed further with the present case and wants to withdraw the same. Statement to this effect has been recorded separately. In view of the statement, complaint stands hereby dismissed as withdrawn. Accused also stands discharged from the present case. Bail bonds and surety bonds furnished by accused also stands 'discharged. File be consigned to the record room, after due compliance.”

On the strength of above arguments, learned counsel for the petitioner has pressed for grant of petition