9911796707
TMI Blog2019 (1) TMI 1949X X X X Extracts X X X X X X X X Extracts X X X X ..... Prayer in this petition is for quashing of FIR No.64 dated 15.02.2017 filed under Section 174-A of the Indian Penal Code registered at Police Station Sector-5, Panchkula and all other subsequent proceedings arising thereof as well as order dated 24.10.2016 passed by the trial Court vide which a direction was issued to register the aforesaid FIR. On 4.10.2018 following order was passed by this C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No.2 made a statement on 09.09.2017 before the trial Court that he has entered into a compromise with the petitioner and wants to withdraw the complaint filed under Section 138 of the Negotiable Instruments Act and later on, vide order dated 09.09.2017 (Annexure P-1), the complaint was withdrawn. Learned counsel has relied upon Microqual Techno Limited and others Vs. State of Haryana and another, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the petitioner has relied upon the decisions rendered by this Court in " Vikas Sharma vs. Gurpreet Singh Kohli and another (supra), 2017, (3) L.A.R.584, Microqual Techno Limited and others Vs. State of Haryana and another, 2015 (32) RCR (Crl.) 790 and "Rajneesh Khanna Vs. State of Haryana and another" 2017(3) L.A.R. 555 wherein in an identical circumstance, this Court has held that since the mai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hdrawn. Learned counsel for the petitioner has also drawn attention to the impugned order dated 24.10.2016, wherein it is noticed that on account of the non-appearance of the petitioner he was declared proclaimed person and direction was issued to register FIR under Section 174-A of IPC and in pursuance thereof, impugned FIR was registered. Learned counsel for the State, on instructions from ASI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner and he was not aware of the fact and immediately on coming to know about the said order, he compromised the case with the complainant and the complaint under Section 138 of the Act was withdrawn later on. In view of the same, I find merit in the present petition and accordingly, present petition is allowed and the impugned order dated 24.10.2016 passed by Judicial Magistrate, 1st Class, Panch ..... X X X X Extracts X X X X X X X X Extracts X X X X
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