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TMI Blog2022 (3) TMI 45X X X X Extracts X X X X X X X X Extracts X X X X ..... r Section 138 of the Act of 1881, deserves to be set aside. The present petition is allowed and FIR registered under Section 174-A of the IPC at Police Station Hisar City, District Hisar and all the subsequent proceedings arising therefrom are quashed and order dated passed by the Judicial Magistrate Ist Class, Hisar vide which the petitioner has been declared as proclaimed person, is set aside - Petition allowed. - CRM-M-7354-2022 (O&M) - - - Dated:- 22-2-2022 - Hon'ble Mr. Justice Vikas Bahl For the Petitioner : Mr. Karan Garg, Advocate, Mr. Praveen Bhadu, AAG, Haryana ORDER VIKAS BAHL, J. (ORAL) This is a petition filed under Section 482 of Cr.P.C. for quashing of FIR No.390 dated 09.06.2020 (Annexure P-1) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r contended that since the complaint has been withdrawn, thus, the continuation of the proceedings under Section 174-A of the IPC instituted in pursuance of the order declaring the present petitioner as proclaimed person are abuse of the process of the Court and same are liable to be quashed/set aside. Notice of motion to respondent No.1 only. On advance notice, Mr. Praveen Bhadu, AAG, Haryana, appears and accepts notice on behalf of the State/respondent No.1 and has submitted that he is fully prepared to argue the matter and assist this Court. He has opposed the present petition and has submitted that the impugned order passed declaring the petitioner as proclaimed person as well as registration of FIR are in accordance with law and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by Judicial Magistrate, 1st Class, Panchkula as well as FIR No.64 dated 15.02.2017 registered under Section 174-A of the Indian Penal Code at Police Station Sector-5, Panchkula and all other subsequent proceedings arising thereof, are hereby quashed. A perusal of the above judgment would show that in a similar case where the FIR had been registered under Section 174-A of the IPC in view of the order passed in proceedings under Section 138 of the Act of 1881, while declaring the petitioner therein as proclaimed offender in the said proceedings, a Co-ordinate Bench after relying upon various judgments observed that once the main petition under Section 138 of the Act of 1881 stands withdrawn in view of an amicable settlement between the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... want of prosecution, it was observed that the continuation of proceedings under Section 174-A of the IPC shall be an abuse of the process of court. In the present case, complaint under Section 138 of the Act of 1881 was filed by Prhlad Singh Saini @ Prhlad Singh for dishonour of cheque dated 09.05.2017 amounting to ₹ 6,00,000/-A perusal of the zimni orders would show that the petitioner was never duly served in the said proceedings. The petitioner was declared as proclaimed person vide order dated 04.07.2019 (Annexure P-2). On the same date, the Judicial Magistrate Ist Class, Hisar had directed the SHO of the concerned Police Station to register an FIR under Section 174-A of the IPC i.e. the present FIR. The said FIR was registered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of process of the Court. Even, order dated 04.07.2019 (Annexure P-2), vide which the petitioner has been declared as proclaimed person in the proceedings under Section 138 of the Act of 1881, deserves to be set aside. Keeping in view the abovesaid facts and circumstances as well as the authorities of law referred to hereinabove, the present petition is allowed and FIR No.390 dated 09.06.2020 registered under Section 174-A of the IPC (Annexure P-1) at Police Station Hisar City, District Hisar and all the subsequent proceedings arising therefrom are quashed and order dated 04.07.2019 (Annexure P-2) passed by the Judicial Magistrate Ist Class, Hisar vide which the petitioner has been declared as proclaimed person, is set aside. No notice ..... X X X X Extracts X X X X X X X X Extracts X X X X
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