CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA AT 208-1 Krishan Singh Shekhawat State of Haryana and another CORAM: Present: SUMEET GOEL 1. 1973, seeking quashing of order dated 30.04.2019 (Annexure P the trial Court whereby the petitioner was declared a proclaimed complaint case No.8720 of 2016 titled as “ under Section 138 of Negotiable Instrument Act, 1881. 2. matter arises out of proceedings under Section 138 of the Negotiable Instruments Act, 1881. Learned co between the parties has been amicably resolved and the complainant has already withdrawn the complaint, as evidenced by Annexure P with the connected petition i.e. CRM further submits that the continuation of proceedings against the petitioner would serve no fruitful purpose, especially in light of the compromise between the parties and withdrawal of the complaint. impugned -41964-2023 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Krishan Singh Shekhawat V/s State of Haryana and another CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Mr. Ujwal Anand, Advocate for the petitioner. Mr. Gurmeet Singh, AAG Haryana. None for respondent No.2. ***** SUMEET GOEL, J. (Oral) Present petition has been filed under Section 482 of Cr.P.C., 1973, seeking quashing of order dated 30.04.2019 (Annexure P the trial Court whereby the petitioner was declared a proclaimed complaint case No.8720 of 2016 titled as “ under Section 138 of Negotiable Instrument Act, 1881. Learned counsel for the petitioner has iterated that the present matter arises out of proceedings under Section 138 of the Negotiable Instruments Act, 1881. Learned counsel has further iterated that the dispute between the parties has been amicably resolved and the complainant has already withdrawn the complaint, as evidenced by Annexure P with the connected petition i.e. CRM ther submits that the continuation of proceedings against the petitioner would serve no fruitful purpose, especially in light of the compromise between the parties and withdrawal of the complaint. impugned order, learned counsel has arg 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-41964-2023 Date of decision: 08.07.202 ....Petitioner ....Respondents JUSTICE SUMEET GOEL Ujwal Anand, Advocate for the petitioner. Mr. Gurmeet Singh, AAG Haryana. ***** Present petition has been filed under Section 482 of Cr.P.C., 1973, seeking quashing of order dated 30.04.2019 (Annexure P-1) passed by the trial Court whereby the petitioner was declared a proclaimed offender in complaint case No.8720 of 2016 titled as “Pawan vs. Krishan Singh” filed under Section 138 of Negotiable Instrument Act, 1881. Learned counsel for the petitioner has iterated that the present matter arises out of proceedings under Section 138 of the Negotiable unsel has further iterated that the dispute between the parties has been amicably resolved and the complainant has already withdrawn the complaint, as evidenced by Annexure P-3 appended with the connected petition i.e. CRM-M-38620-2023. Learned counsel ther submits that the continuation of proceedings against the petitioner would serve no fruitful purpose, especially in light of the compromise between the parties and withdrawal of the complaint. While assailing the order, learned counsel has argued that the order declaring .2025 Present petition has been filed under Section 482 of Cr.P.C., 1) passed by offender in ” filed Learned counsel for the petitioner has iterated that the present matter arises out of proceedings under Section 138 of the Negotiable unsel has further iterated that the dispute between the parties has been amicably resolved and the complainant has 3 appended 2023. Learned counsel ther submits that the continuation of proceedings against the petitioner would serve no fruitful purpose, especially in light of the compromise While assailing the ued that the order declaring the AJAY KUMAR 2025.07.08 17:49 I attest to the accuracy and integrity of this document CRM-M- petitioner as proclaimed offender is not sustainable and is liable to be set aside. 3. seeking quashing of the order declaring the petitioner as proclaimed offe in the case. While refuting the case of the petitioner, detailed arguments concerning the merits of the case were made and it is argued that the petitioner was arrested on 30.03.2022 and was thereafter the competent Court. It is merely because the main complaint has been dismissed, on account of settlement, the same does not afford any ground for quashing of proclaimed offender proceedings as the same are independent of the main compla Furthermore, it has been iterated that the impugned order has been passed after due application of mind and upon consideration of the factual matrix of the case and in strict adherence of the procedural requirements mandated by the law. Hence, the warranting interference by this Court. 4. perused the record of the case. 5. settlement has been duly arrived at between the petitioner and the complainant compromise, the complainant has voluntarily made a statement before the trial Court, whereby he has categorically withdrawn question, acknowledging the resolution of the dispute. petitioner has complied with all the terms and conditions envisaged under -41964-2023 petitioner as proclaimed offender is not sustainable and is liable to be set Learned State counsel has opposed the claim of the petitioner seeking quashing of the order declaring the petitioner as proclaimed offe in the case. While refuting the case of the petitioner, detailed arguments concerning the merits of the case were made and it is argued that the petitioner was arrested on 30.03.2022 and was thereafter the competent Court. It is further iterated by the learned State counsel merely because the main complaint has been dismissed, on account of settlement, the same does not afford any ground for quashing of proclaimed offender proceedings as the same are independent of the main compla Furthermore, it has been iterated that the impugned order has been passed after due application of mind and upon consideration of the factual matrix of the case and in strict adherence of the procedural requirements mandated by the law. Hence, the impugned order does not suffer from any legal infirmity warranting interference by this Court. I have heard the learned counsel for the parties and carefully perused the record of the case. As per the case set forth by the petitioner, an amicable settlement has been duly arrived at between the petitioner and the complainant (respondent No.2 herein) compromise, the complainant has voluntarily made a statement before the rial Court, whereby he has categorically withdrawn question, acknowledging the resolution of the dispute. petitioner has complied with all the terms and conditions envisaged under 2 petitioner as proclaimed offender is not sustainable and is liable to be set Learned State counsel has opposed the claim of the petitioner seeking quashing of the order declaring the petitioner as proclaimed offender in the case. While refuting the case of the petitioner, detailed arguments concerning the merits of the case were made and it is argued that the petitioner was arrested on 30.03.2022 and was thereafter released on bail by further iterated by the learned State counsel merely because the main complaint has been dismissed, on account of settlement, the same does not afford any ground for quashing of proclaimed offender proceedings as the same are independent of the main compla Furthermore, it has been iterated that the impugned order has been passed after due application of mind and upon consideration of the factual matrix of the case and in strict adherence of the procedural requirements mandated by impugned order does not suffer from any legal infirmity I have heard the learned counsel for the parties and carefully As per the case set forth by the petitioner, an amicable settlement has been duly arrived at between the petitioner and the (respondent No.2 herein). In furtherance of the said compromise, the complainant has voluntarily made a statement before the rial Court, whereby he has categorically withdrawn the complaint in question, acknowledging the resolution of the dispute. Furthermore, petitioner has complied with all the terms and conditions envisaged under petitioner as proclaimed offender is not sustainable and is liable to be set- Learned State counsel has opposed the claim of the petitioner nder in the case. While refuting the case of the petitioner, detailed arguments concerning the merits of the case were made and it is argued that the released on bail by further iterated by the learned State counsel merely because the main complaint has been dismissed, on account of settlement, the same does not afford any ground for quashing of proclaimed offender proceedings as the same are independent of the main complaint. Furthermore, it has been iterated that the impugned order has been passed after due application of mind and upon consideration of the factual matrix of the case and in strict adherence of the procedural requirements mandated by impugned order does not suffer from any legal infirmity I have heard the learned counsel for the parties and carefully As per the case set forth by the petitioner, an amicable settlement has been duly arrived at between the petitioner and the . In furtherance of the said compromise, the complainant has voluntarily made a statement before the the complaint in Furthermore, the petitioner has complied with all the terms and conditions envisaged under AJAY KUMAR 2025.07.08 17:49 I attest to the accuracy and integrity of this document CRM-M- the compromise, thereby demonstrating his to an end settlement, has no subsisting grievance against the petitioner these circumstances, the continuance of criminal proceedings against the petitioner would serve no meaningful purpose and would unnecessary abuse of the process of law. and to promote the ends of reconciliation between the parties, appropriate case for exercise of powers under Section 482 of Cr.P.C. BNSS and t the order dated 30.04.2019. 6. circumstances of the present case, the present petition is allowed and the order dated 30.04.20 Class, Gurugram in complaint case No.8720 of 2016 titled as “ Krishan Singh declaring the petitioner as proclaimed offender and th proceedings initiated against the petitioner is quashed. 7. accordingly. July 08, 202 Ajay -41964-2023 the compromise, thereby demonstrating his n end. The complainant, having expressed satisfaction with the settlement, has no subsisting grievance against the petitioner these circumstances, the continuance of criminal proceedings against the petitioner would serve no meaningful purpose and would unnecessary abuse of the process of law. and to promote the ends of reconciliation between the parties, appropriate case for exercise of powers under Section 482 of Cr.P.C. and to bring to an end the criminal proceedings initiated in the light of the order dated 30.04.2019. In view of the above findings, in the entirety of facts and circumstances of the present case, the present petition is allowed and the order dated 30.04.2019 (Annexure P-1) passed by the Judicial Magistrate Ist Class, Gurugram in complaint case No.8720 of 2016 titled as “ Krishan Singh” filed under Section 138 of Negotiable Instrument Act, 1881, declaring the petitioner as proclaimed offender and th proceedings initiated against the petitioner is quashed. Pending application(s), if any, shall also stand disposed of accordingly. , 2025 Whether speaking/reasoned: Whether reportable: 3 the compromise, thereby demonstrating his bona fide intent to bring the complainant, having expressed satisfaction with the settlement, has no subsisting grievance against the petitioner and hence in these circumstances, the continuance of criminal proceedings against the petitioner would serve no meaningful purpose and would amount to an unnecessary abuse of the process of law. Therefore, in the interest of justice and to promote the ends of reconciliation between the parties, it would be an appropriate case for exercise of powers under Section 482 of Cr.P.C./528 of o bring to an end the criminal proceedings initiated in the light of In view of the above findings, in the entirety of facts and circumstances of the present case, the present petition is allowed and the 1) passed by the Judicial Magistrate Ist Class, Gurugram in complaint case No.8720 of 2016 titled as “Pawan vs. ” filed under Section 138 of Negotiable Instrument Act, 1881, declaring the petitioner as proclaimed offender and the consequent criminal proceedings initiated against the petitioner is quashed. Pending application(s), if any, shall also stand disposed of (SUMEET GOEL) JUDGE Yes/No Yes/No intent to bring the lis complainant, having expressed satisfaction with the and hence in these circumstances, the continuance of criminal proceedings against the amount to an herefore, in the interest of justice it would be an /528 of o bring to an end the criminal proceedings initiated in the light of In view of the above findings, in the entirety of facts and circumstances of the present case, the present petition is allowed and the 1) passed by the Judicial Magistrate Ist Pawan vs. ” filed under Section 138 of Negotiable Instrument Act, 1881, e consequent criminal Pending application(s), if any, shall also stand disposed of AJAY KUMAR 2025.07.08 17:49 I attest to the accuracy and integrity of this document