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Judgment
Anoop Chitkara, J
Complaint No
Dated
Passed by
Sections
543
14.07.2018
JMIC Faridabad
138 & 142 NIA r/w section 420 IPC
Challenging the order of proclamation dated 31.03.2021 , passed by JMIC, Faridabad, due to the default in appearances before the trial court, the petitioner has come up before this court.
Ld. Counsel for the petitioner contends that the non-appearance was unintentional, without any endeavor to delay the trial, and due to factors beyond the petitioner’s control. Counsel for the petitioner further submits that pursuant to the order passed by this court , all amount due in the main complaint has already been paid to the complainant and main complaint was withdrawn afterwards .
As per the submission recorded in order dated 31.08.2021 and the fact that the petitioner has already joined the proceedings before trial court and compromised the matter with the complainant there is no justification to continue the proceeding against the petitioner .
ANALYSIS & REASONING:
The petitioner states that the previous non-appearance was because he was found to be covid positive and was admitted in hospital. He further states that now the matter has been settled and complaint has been withdrawn.
Considering the entire facts, compromise, and in the light of the above-mentioned facts, I believe that continuing proceeding will not suffice any fruitful purpose whatsoever. In the facts and circumstances peculiar to this case, the Court invokes the inherent jurisdiction under section 482 CrPC and quashes the order dated 31.03.2021 annexure P-3 and all subsequent proceedings arising out of the same qua the petitioner(s).All pending application(s), if any, stand closed.
Petition allowed to the extent above All pending applications, if any, stand disposed.