DOMAR KUMAR VISHWASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Instant petition, under Sec. 528 of the BNSS, 2023 (earlier Sec. 482 Cr.P.C.), has been filed for quashing of the order dtd. 5/1/2024 (Annexure P-3), passed by learned Sub Divisional Judicial Magistrate, Tosham, whereby after cancelling the bail of the petitioner, non-bailable warrants have been issued against him, on account of his non-appearance in the following FIR:-

(2.) Learned counsel for the petitioner contends that after getting released on regular bail on 26/5/2023, by Ld. Additional Sessions Judge, Bhiwani, he was regularly attending the Court proceedings and never remained absent, except, on 5/1/2024.

(3.) Learned counsel for the petitioner also submits that the matter between the parties has been mutually settled and the complainant is not interested to pursue the present FIR and has executed affidavit/compromise dtd. 9/5/2023 in that regard. Thus, submits that absence of the petitioner was neither intentional nor deliberate, but he defaulted due to the reasons, mentioned here-above.