- Court
- High Court of Punjab and Haryana
- Decided
- 4 March 2024
- Bench
- N.S.Shekhawat
- Case no.
- CRM-M 56446/2023
Judgment
118+287 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-56446-2023 (O&M) Date o" Dec$%$o&: 04.03.2024 Kailash Sharma …Petitioner vs. State of Haryana and Anr. …Respondents Co/a: : Ho&'b1e M/. J4%t$ce N.S.S9e=9aEat Present : Mr. Sumit Sharma, Advocate for the petitioner. Mr. Karan Garg, AAG, Haryana. *** N.S.S9e=9aEat J. �������������
¶1Application is allowed, as prayed for, subject to just all exceptions. Annexures P-5 to P-8 are taken on record. ��������� 1� The petitioner has filed the present petition under Section 482 Cr. P.C with a prayer to quash the order dated 13.02.2023 (Annexure P-2) passed by the Court of Judicial Magistrate Ist Class, Faridabad, whereby the petitioner has been declared as a proclaimed person and also to quash FIR No. 85 dated
15.02.2023, under Section 174-A of IPC, Police Station Saran, Faridabad (Annexure P-1) and all subsequent proceedings arising therefrom.
¶2Notice was issued to the legal representatives of the Balbir Singh, complainant in the present case, however, despite service, there is no representation on behalf of respondent No.2.
¶3Learned counsel for the petitioner contends that Balbir Singh, complainant had filed a complaint under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the "Act") against the present petitioner. During the pendency of the said complaint, Balbir Singh, complainant had expired and the legal representatives of the complainant moved an application before the Trial Court for withdrawal of the complaint, as they had compromised the matter with the petitioner. They also suffered a statement before the Trial Court that they had already received the cheque amount from the petitioner and consequently, vide order dated 16.09.2023, the complaint was ordered to be withdrawn. Learned counsel for the petitioner further contends that during the pendency of the present complaint, summons were sent for the service of the present petitioner, however, the petitioner neither received any summons nor the warrants was ever served on the present petitioner. Consequently, the petitioner could not appear before the Trial Court. However, ultimately, vide order dated 13.02.2023 (Annexure P-2),the petitioner was wrongly declared to be a proclaimed person. The Trial Court also directed the concerned SHO to register a case under Section 174-A of IPC against the petitioner and consequently, FIR No. 85 dated 15.02.2023, under Section 174-A of IPC Police Station Saran, Faridabad (Annexure P-1) was ordered to be registered against the present petitioner. Learned counsel for the petitioner further contends that since the complaint under Section 138 of the "Act" has already been withdrawn by the legal representatives of the complainant, the impugned order (Annexure P-2) and the FIR (Annexure P-1) would be an abuse of process of the Court. Learned counsel further contends that the very purpose of impugned order (Annexure P-2) was to procure the presence of the petitioner and since the main matter already stands compromised between the parties, the proceedings arising out of impugned order(Annexure P-2) and the FIR (Annexure P-1) are liable to be quashed by this Court.
¶4A co-ordinate Bench of this Court in ���������������� titled as ���������������������������������� �!"��������������!#, decided on
29.01.2019 has held as under:- "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. xxx xxx xxx Learned counsel for the petitioner has relied upon the decisions rendered by this Court in " $�%������!&������'(!)!�������*� +���� � ��� � ������! � ,�()!�-. 2017, (3) L.A.R.584, ���!�/(�� 0������1�&�������������!��$������������ �!"��������������!, 2015 (32) RCR (Crl.) 790 and ���2������+������$����������� �!"��������������!" 2017(3) L.A.R. 555 wherein in an identical circumstance, this Court has held that since the main petition filed under Section 138 of the Act stands withdrawn in view of an amicable settlement between the parties, therefore, continuation of proceedings under Section 174A of IPC shall be nothing but an abuse of the process of law. xxx xxx xxx 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, Panchkula as well as FIR No.64 dated 15.02.2017 registered under Section 174-A of the Indian Penal Code at Police Station Sector-5, Panchkula and all other subsequent proceedings arising thereof, are hereby quashed."
¶5A perusal of the above judgment would show that in a similar case where the FIR had been registered under Section 174-A IPC in view of the order passed in proceedings under Section 138 of the Act, while declaring the petitioner therein as a proclaimed offender, a co-ordinate Bench after relying upon various judgments observed that once the main petition under Section 138 of the Act stands withdrawn in view of an amicable settlement between the parties, the continuation of proceedings under Section 174-A IPC is nothing but an abuse of the process of law. The said aspect was one of the main considerations for allowing the petition and setting aside the order declaring the petitioner therein as a proclaimed person as well as quashing of the FIR under Section 174-A IPC.
¶6Another co-ordinate Bench of this Court in a case titled as �3���% ����� � ��� � ����� � �� � �!"��� � ��� � ������!" reported as ����,�- � ��� ,�!�&����-����has also held as under:- "No doubt, the learned counsel for the respondent has vehemently argued that the offence under Section 174A I.P.C. is independent of the main case, therefore, merely because the main case has been dismissed for want of prosecution, the present petition cannot be allowed, however, keeping in view the fact that the present FIR was registered only on account of absence from the proceedings in the main case which had been subsequently regularized by the court while granting bail to the petitioner, the default stood condoned. In such circumstances, continuation of proceedings under Section 174A I.P.C. shall be abuse of the process of court.
7.Accordingly, the petition is allowed. FIR No.446 dated
21.08.2017, registered under Section 174A I.P.C. At Police Station Kotwali, District Faridabad, as well as consequential proceedings shall stand quashed."
¶7In the present case also, the main case has already been withdrawn by the complainant. Consequently, the continuation of the proceedings arising from the impugned order dated 13.02.2023 (Annexure P-2) and the FIR No. 85 dated 15.02.2023 under Section 174-A IPC, registered at Police Station Saran, Faridabad (Annexure P-1) would be an abuse of process of the Court. Similar observations have been made by this Court in the matter of �3����+(&�! $�!�(� � 4������! � +(&�! � ��� � ������!. � ������ � ��������� � ������� � �� �5��������#.��3����+(&�!�$�!�(��4������!�+(&�!�����������!.������� ����������������������5��������# and "$�!����!�+(&�!�6�$�!����!�+(&�! $�!�(����������� �!"��������������!.����������������������������� ����������#���
¶8In view of the above, the present petition is allowed and impugned order dated 13.02.2023 (Annexure P-2) and the FIR No. 85 dated 15.02.2023 under Section 174-A IPC, registered at Police Station Saran, Faridabad (Annexure P-1) alongwith all subsequent proceedings arising therefrom are hereby ordered to be quashed. (N.S.SHE5HAWAT)
04.03.2024 JUDGE
Source: High Court of Punjab and Haryana, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.