- Court
- High Court of Punjab and Haryana
- Decided
- 16 December 2024
- Bench
- N.S.Shekhawat
- Case no.
- CRM-M 47582/2023
Judgment
N. S. SHEKHAWAT , J. (Oral)
¶1 The instant petition has been filed under Section 482 Cr.P.C. for quashing of an FIR No.402 dated 23.03.2020 under Section 174-A of IPC registered at Police Station Jagadhri City, District Yamuna Nagar (Annexure P-1) alongwith all the consequential proceedings arising therefrom.
¶2Learned counsel for the petitioner contends that one complaint case No.545 of 2018 under Section 138 of the Negotiable Instruments Act was filed against the present petitioner. During the course of trial, the preliminary evidence was led by the complainant and the petitioner was ordered to be summoned. He further contends that the summons/warrants were sent to a wrong address and the petitioner was never served in the complaint. Vide order dated
04.01.2020, the petitioner was declared as a proclaimed person. Since the petitioner was declared as a proclaimed person, a communication was sent to the police to register the FIR under Section 174 A IPC against the petitioner. Ultimately, the FIR No.402 dated 23.03.2020 under Section 174 A IPC registered at PS Jagadhri City District Yamuna Nagar (Annexure P-1) was ordered to be registered against the petitioner.
¶3Learned counsel further contends that the moment, the petitioner came to know about the declaration of proclaimed person by the trial Court, he approached the complainant in the present case and compromised the dispute with him. The petitioner made the entire outstanding amount to the complainant in the present case. Ultimately stthe complainant appeared before the Court of Judicial Magistrate 1 Class, Jagadhri on 22.08.2023 and on the basis of the said statement, the complaint was withdrawn by the complainant. Learned counsel further submits that the purpose of declaring the petitioner as proclaimed person was to ensure his presence during the course of trial and since the main case has been withdrawn by the complainant, no purpose will be served by prosecuting the petitioner under Section 174-A of IPC and the FIR as well as proceedings emanating therefrom the are abuse of the process of the Court.
¶4On the other hand, learned State counsel submits that the petitioner had intentionally evading the process of law and did not appear before the Trial Court. Learned State counsel further submits that the petitioner has not been able to point out any illegality in the impugned order passed by the Trial Court and the petition deserves to be dismissed by this Court.
¶5 I have heard the learned counsel for the parties and perused the record carefully.
¶6A co-ordinate Bench of this Court in CRM-M-43813-2018 titled as "Baldev Chand Bansal vs. State of Haryana and another", 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 " 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 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."
¶7A 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.
¶8Another co-ordinate Bench of this Court in a case titled as "Ashok Madan vs. State of Haryana and another" reported as 2020(4) RCR (Criminal) 87 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."
¶9In the present case also, the main case has already been withdrawn by the complainant. Consequently, the continuation of the proceedings arising out of FIR No.402 dated 23.03.2020 under Section 174-A of IPC registered at Police Station Jagadhri City, District Yamuna Nagar (Annexure P-1) would be an abuse of process of the Court. Similar observations have been made by this Court in the matter of "Anil Kumar Versus Jitender Kumar and another, CRM-M- 5878-2022 decided on 06.04.2022", "Anil Kumar Versus Jitender Kumar and another, CRM-M-5755-2022 decided on
06.04.2022" and "Varinder Kumar @ Virender Kumar Versus State of Haryana and another, CRM-M-42551- 2021 decided on
19.04.2022" .
¶10In view of the above, the present petition is allowed and the FIR No.402 dated 23.03.2020 under Section 174-A of IPC registered at Police Station Jagadhri City, District Yamuna Nagar (Annexure P-1) alongwith all subsequent proceedings arising therefrom is hereby ordered to be quashed.
16.12.2024 (N. S. SHEKHAWAT) vipin JUDGE Whether reasoned/speaking : Yes/No
Case details
Parties and counsel
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 278 CRM-M-47582-2023 Date of Decision: 16.12.2024 RAJNI BALA @ RAJNI DEVI ...PETITIONER Versus STATE OF HARYANA ... RESPONDENT CORAM : HON'BLE MR. JUSTICE N. S. SHEKHAWAT Present: Mr. Maninder Arora, Advocate for the petitioner. Mr. Arun Kumar, AAG, Haryana.
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.