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TMI Blog2017 (10) TMI 1593X X X X Extracts X X X X X X X X Extracts X X X X ..... rial Court is justified for the reason that he was not served at the given address. Moreover, after passing of the impugned order dated 05.09.2016 by learned trial Court, the petitioner has been granted anticipatory bail by learned Additional Sessions Judge, Ambala vide order dated 02.01.2017. Therefore, in these circumstances particularly when the matter has been compromised between the parties a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion was issued to the police to register an FIR under Section 174-A against the petitioner. Prayer has also been made for quashing of resultant FIR No.387 dated 29.09.2016 under Section 174-A IPC registered at Police Station Ambala City (Annexure P-5). Learned counsel for the petitioner states that the petitioner was never served in the case and, therefore, he could not appear before learned tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mplainant has withdrawn the very complaint under Section 138 of the NIA Act filed against the petitioner. He states that in these circumstances, the impugned order dated 05.09.2016 as well as the FIR in question along with all subsequent proceedings are liable to be quashed. In support of his contentions, he has relied upon the order dated 13.09.2017 passed by the coordinate Bench of this Court in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hese circumstances particularly when the matter has been compromised between the parties and the respondent No.2- complainant has withdrawn the complaint under Section 138 of the NIA Act, continuation of criminal proceedings against the petitioner under Section 174- A IPC would amount to abuse of process of law. Consequently, the impugned order dated 05.09.2016 (Annexure P-2) passed by learned Ju ..... X X X X Extracts X X X X X X X X Extracts X X X X
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