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127 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-44512-2025 Date of decision: 18.08.2025 AJIT CHANDELA ...Petitioner VERSUS STATE OF HARYANA ...Respondent
CORAM:
HON'BLE MR.JUSTICE SUBHAS MEHLA Present: Mr. Gagandeep Sanwal, Advocate for Mr. Vikas Singh Chawra, Advocate for the petitioner. Mr. Karan Veer Singh, Sr. DAG, Haryana. ***** SUBHAS MEHLA
, J. (Oral)
1. The present petition has been filed by petitioner seeking quashing of order dated 16.08.2022 (Annexure P-1) passed by the Court of Judicial Magistrate, Ist Class, Hansi in a criminal complaint NACT/49/2019 titled as Yash Bhairo Vs. Ajit Chandela etc., under Section 138 of Negotiable Instruments Act whereby the petitioner was declared as proclaimed person in the aforesaid criminal complaint and FIR No. 117 dated 18.03.2023 (Annexure P-2) lodged under Section 174-A IPC at Police Station Narnaund, District Hansi.
2. Counsel for the petitioner submits that petitioner was not aware about the pendency of the aforesaid criminal complaint and was wrongly declared as proclaimed person vide order dated 16.08.2022 Priyanka Thakur 2025.08.21 18:18 I attest to the accuracy and integrity of this document
(Annexure P-1). Now petitioner entered into a compromise with complainant/respondent No.2 and on the basis of the said compromise, the aforesaid criminal complaint was withdrawn by complainant; vide
order dated 14.05.2025 (Annexure P-4). Counsel for the petitioner further submits that in view of the order (Annexure P-4), the impugned order (Annexure P-1) and FIR (Annexure P-2) are not sustainable and deserve to be quashed.
3. Notice of motion.
4. Mr. Karan Veer Singh, Sr. DAG, Haryana accepts notice on behalf of the State and submits that the instant petition be disposed of in the light of compromise effected between petitioner and respondent No.2.
5. Admittedly, impugned order dated 16.08.2022 (Annexure P- 1) whereby the petitioner has been declared as proclaimed person and registration of FIR (Annexure P-2) under Section 174-A IPC are off shoot of the aforesaid criminal complaint filed by respondent No.2 against the petitioner under Section 138 NI Act. It appears that now matter has been compromised and respondent No.2 has withdrawn aforesaid criminal complaint against the petitioner vide order dated 14.05.2025 (Annexure P-4). It being so, the impugned order dated 16.08.2022 (Annexure P-1) and FIR (Annexure P-2) registered under Section 174-A IPC are not sustainable in the eye of law and even otherwise continuation of Annexure P-1 and P-2 will amount to abuse of the process of Court and that of law. Priyanka Thakur 2025.08.21 18:18 I attest to the accuracy and integrity of this document
6. In light of the above, the present petition is hereby allowed and impugned order dated 16.08.2022 (Annexure P-1) and impugned FIR No. 117 dated 18.03.2023 (Annexure P-2) lodged under Section 174-A IPC at Police Station Narnaund, District Hansi and all subsequent proceedings are hereby quashed qua the petitioner subject to costs of Rs.20,000/- to be deposited by the petitioner with the District Legal Services Authority concerned.
(SUBHAS MEHLA) 18.08.2025 JUDGE Priyanka Thakur Whether speaking/reasoned : Yes No Whether Reportable : Yes No
Priyanka Thakur 2025.08.21 18:18 I attest to the accuracy and integrity of this document