Punjab-Haryana High Court
M/S Bhc Star Pvt Ltd And Ors vs State Of Haryana And Another on 25 April, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:056723
CRM-M-20413-2024 2024:PHHC:056723 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
127 CRM-M-20413-2024
DECIDED ON: 25.04.2024
M/S BHC Star Pvt. Ltd & Ors. PETITIONER
VERSUS
State of Haryana and Anr. RESPONDENT
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Nirmaljeet Singh Sidhu, Advocate for the petitioner.
Mr. B.S. Virk. Sr. DAG, Haryana
SANDEEP MOUDGIL, J (ORAL)
1. This is a petition under Section 482 of Cr.P.C., seeking quashing of FIR No.1185 dated 26.08.2023, registered at Police Station Panipat City, District Panipat under Section 174-A of IPC (Annexure P-3) and Order dated 24.08.2023 passed by Ld. JMIC Paniapt in NACT No. 1070/2019 whereby petitioners have been declared proclaimed persons along with all consequential proceedings arising therefrom.
2. Learned counsel for the petitioner submits that the present FIR came to be registered in pursuance of the criminal 1 of 5 ::: Downloaded on - 27-04-2024 10:57:31 ::: Neutral Citation No:=2024:PHHC:056723 CRM-M-20413-2024 2024:PHHC:056723 2 complaint filed against the petitioner under section 138 of Negotiable Instrument Act wherein cheque no. 247059 dated 11.03.2019 for a sum of Rs 90,000/- issued by the petitioner got dishonored and further submits that petitioners were neither served properly nor refused to receive summons and as such the petitioners were totally unaware about the present complaint and thus due to their non appearance in the said complaint they have been declared proclaimed persons vide order dated 24.08.2023 (Annexure P2).
3. He states that the main complaint under Section 138 of Negotiable Instruments Act titled as "Ishwar singh vs M/S BHC Star Pvt.Ltd. & Ors." bearing NACT No. 1070/2019 stands withdrawn by the complainant, in view of the compromise affected between the parties vide order dated 12.02.2024 (Annexure P-4) passed by Judicial Magistrate 1st Class.
4. Heard, learned counsel for the parties.
5. In view of the submissions made by learned counsel for the petitioner that the main complaint stands withdrawn by the complainant on 12.02.2024 (Annexure P-4)therefore, continuation of proceedings under Section 174-A of IPC would be abuse of process of law. Also, this principle has been laid down in several dictums of this Court and reliance can be placed upon the orders dated 2 of 5 ::: Downloaded on - 27-04-2024 10:57:32 ::: Neutral Citation No:=2024:PHHC:056723 CRM-M-20413-2024 2024:PHHC:056723 3 20.07.2022 and 24.08.2022 respectively, passed by a coordinate Bench of this Court in CRM-M-46062-2017, titled as "Jatin Dhawan and another versus State of Haryana and another" and CRM-M- 12534-2022, titled as "Krishan Kumar versus State of Haryana and another", respectively wherein it has been held that once the main case is dismissed as withdrawn, the continuation of proceedings under Section 174-A IPC shall be an abuse of process of law.
6. Further reliance can be placed upon the orders of this Court dated 12.12.2022 and 13.12.2022 passed in CRM-M-55634- 2022 titled as "Jinder Singh Vs. State of Punjab and another" and CRM-M-45051-2022 titled as "Hari Singh Meena Vs. State of Haryana", respectively in this regard.
7. Another 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 3 of 5 ::: Downloaded on - 27-04-2024 10:57:32 ::: Neutral Citation No:=2024:PHHC:056723 CRM-M-20413-2024 2024:PHHC:056723 4 subsequently regularised by the court while granting bail to the petitioner, the default stood condoned. In such circumstances, continuation of proceedings under Section 174-A I.P.C. Shall be abuse of the process of court. Accordingly, the petition is allowed. FIR No.446 dated 21.08.2017, registered under Section 174-A I.P.C. At Police Station Kotwali, District Faridabad, as well as consequential proceedings shall stand quashed."
8. A perusal of the relevant extract of the above judgment would show that where the main case was dismissed for want of prosecution, it was observed that the continuation of proceedings under Section 174-A of the IPC shall be an abuse of the process of court.
9. Since the main complaint has been dismissed as withdrawn, as is evident from the perusal of aforesaid order dated 12.02.2024 (Annexure P-4) passed by Judicial Magistrate 1st Class,Panipat and the offence between the petitioner and complainant is personal in nature not against the society at large, who have resolved their dispute, no fruitful purpose would be served by continuing the proceedings in the instant case.
10. Keeping in view the above-said facts and circumstances, the present petition is allowed and FIR No.1185 dated 26.08.2023, registered at Police Station Panipat City, District Panipat under 4 of 5 ::: Downloaded on - 27-04-2024 10:57:32 ::: Neutral Citation No:=2024:PHHC:056723 CRM-M-20413-2024 2024:PHHC:056723 5 Section 174-A of IPC (Annexure P-3) alongwith order dated 24.08.2023 and all consequential proceedings arising therefrom, are hereby quashed qua the petitioner.
(SANDEEP MOUDGIL)
25.04.2024 JUDGE
anuradha
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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