Indian Penal Code, 1860
Section 174A—Non-apperance in response to a proclamation under Section 82 of CrPC—Petition to quash FIR—Once a compromise has been arrived at and an offence under Section 138 of the Negotiable Instruments Act is compounded, the concerned court, after passing an order compounding the offence can only proceed for attachment in terms of 421 and 431 of the CrPC—Non-bailable warrants issued were without jurisdiction and therefore, the consequent proceedings under Section 82 of the CrPC were also invalid—FIR quashed. [Criminal Procedure Code, 1973, Section 482]
[Paras 14 & 17]
Decision : Petition allowed