Luxmi Devi vs State Of Haryana And Another

Karamjit Singh, J

Case has been heard through video conferencing on account of COVID-19 Pandemic.

The instant petition has been filed under Section 482 of the Cr.P.C. by the petitioner for quashing of FIR No.106 dated 16.2.2020 registered under

Section 174-A of IPC at Police Station Mahesh Nagar, Ambala Cantt. and subsequent proceedings arising therefrom.

Counsel for the petitioner INTER ALIA contends that respondent No.2 filed a criminal complaint under Section 138 of Negotiable Instruments Act

against the petitioner in which the petitioner was declared as proclaimed person. Thereafter, FIR in question under Section 174-A of IPC was

registered against her. It was contended that the petitioner was not aware about the pendency of any such complaint under Section 138 of Negotiable

Instruments Act as well as the proclamation warrants issued against her by JMIC, Ambala. However, subsequently, when she became aware of the

aforesaid complaint case and other proceedings, she approached respondent No.2 and entered into a settlement with it by paying the entire due

amount. On the basis of the said compromise, the aforesaid criminal complaint under Section 138 of Negotiable Instruments Act filed by respondent

No.2 was dismissed as withdrawn vide order dated 16.7.2020 (Annexure P-5).

On being put to notice, respondent No.1-State entered appearance and has not disputed the factum of compromise having been effected between the

petitioner and respondent No.2 and the case under Section 138 of Negotiable Instruments Act having been withdrawn by respondent No.2 against the

petitioner.

Counsel for respondent No.2 also admitted the aforesaid facts and pleaded no objection if the present petition is allowed.

Heard.

Since the complaint under Section 138 of Negotiable Instruments Act has been withdrawn, the order declaring the petitioner as proclaimed person has

become redundant. Under these circumstances, no useful purpose would be served by keeping the aforementioned FIR alive.

Consequently, this petition is allowed and FIR No.106 dated 16.2.2020 registered under Section 174-A of IPC at Police Station Mahesh Nagar,

Ambala Cantt. is quashed along with all subsequent proceedings arising therefrom.