Punjab-Haryana High Court
Sandeep Kumar vs State Of Haryana on 20 April, 2023
Neutral Citation No:=2023:PHHC:057736
CRM-M-125-2020 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
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259
CRM-M-125-2020
Decided on : April 20, 2023
SANDEEP KUMAR
...... Petitioner
Versus
STATE OF HARYANA
...... Respondent
CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. Vinay Saini, Advocate
for the petitioner.
Mr. Vikrant Pamboo, DAG, Haryana
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NAMIT KUMAR, J. (Oral)
This petition has been filed under Section 482 Cr.P.C. for quashing of
FIR No.0852 dated 13.08.2019 under Section 174-A of IPC registered at Police
Station Thanesar City, District Kurukshetra (Annexure P-1).
On 07.01.2020, notice of motion was issued and the following
contentions of the petitioner were recorded:-
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" Learned counsel for the petitioner inter alia contends that in
the main proceedings initiated under Section 138 of the
Negotiable Instruments Act, petitioner has already compromised
the matter and those proceedings have come to an end and
resultantly, complaint under Section 138 of the Negotiable
Instruments Act has already been dismissed as withdrawn, vide
order dated 27.11.2019. He further submits that since petitioner
was not served in the above said proceedings for want of correct
address, initiation of proceedings under Section 174-A IPC
against the petitioner would be of no consequence. To this effect,
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learned counsel for the petitioner placed reliance upon judgment
of this Court in case of Nizamuddin, Director of M/s Enterprises
Pvt. Ltd. Vs. State of Haryana and another, 2019(4) RCR
(Criminal) 571.
Notice of motion for 19.02.2020.
In the meanwhile, proceedings initiated in terms of F.I.R.
No.852 dated 13.08.2019 under Section 174-A IPC registered at
Police Station Thanesar City, District Kurukshetra against the
petitioner shall remain stayed. "
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Learned counsel for the petitioner inter alia submits that in the
complaint under Section 138 of Negotiable Instruments Act, 1881 filed by Gurdial
Singh-complainant, the petitioner was summoned by the trial court for appearing
on 19.02.2018, however, on the summons a report of 'refusal' on the part of
petitioner was procured by the complainant being hand in glove with the process
server, therefore, he could not appear before the trial court on the said date of
hearing, as he was not aware about any such report on the summons, resultantly,
non-bailable warrants were issued against him and consequential proceedings
under Section 82 of Cr.P.C. were initiated against him, which ultimately resulted
into registration of FIR No.0852 dated 13.08.2019 (Annexure P-1) and initiation
of proceedings under Section 174-A IPC.
He further submits that the petitioner has already surrendered before
the trial Court in both the criminal cases i.e. Complaint Case under Section 138 of
Negotiable Instruments Act, 1881 and FIR No.0852 dated 13.08.2019 (Annexure
P-1). He further submits that the main dispute which was under Section 138 of
the Negotiable Instruments Act, out of which, proceedings under Section 174-A of
IPC have been emerged, had already been concluded vide order dated 27.11.2019
(Annexure P-10) passed by the learned Judicial Magistrate Ist Class,
Kurukshetra, as the matter had been compromised between the parties.
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He submits that once the original proceedings have come to an end
with the compromise between the parties, therefore, the present proceedings under
Section 174-A of IPC arising out of the original proceedings should also come to
an end. To support his contention he relies upon the judgment of this Court
passed in 'Aditya Goyal vs. State of Haryana' CRM-M-11269-2019 decided on
07.05.2019.
In the above said judgment, this Court has quashed the proceedings
under Section 174-A of IPC where the main proceedings have already been
concluded. The relevant portion from Aditya Goyal's case (Supra) is as under:-
"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 174-A of IPC shall be nothing but an abuse of the process of law.
Learned State counsel, on instructions from the Investigating Officer, has
not disputed the factual position.
After hearing learned counsel for the parties, I find merit in the present
petition.
Since the main complaint filed by the complainant under Section 138 of
the N.I. Act itself stands dismissed as withdrawn by the trial Court keeping in
view the fact that petitioner has cleared the entire dues and on the direction of
this Court, the petitioner has already appeared before the Investigating Officer
and has also deposited the cost of `10,000/- with the Illaqa Magistrate, this
Court is of the opinion that continuation of proceedings under Section 174-A
IPC shall be an abuse of process of law.
Accordingly, in view of the facts and circumstance of the case and also
in view of the judgments relied upon by the petitioner, this petition is allowed
and order dated 03.12.2018 (Annexure P-1), passed by the trial Court in
Criminal Complaint No. 1624/2017 dated 12.09.2017, filed under Section 138
of the N. I. Act, vide which, the petitioner has been declared a proclaimed
person as well as other consequential proceedings arising therefrom including
FIR No. 66 dated 01.02.2019, registered under Section 174-A IPC at Police
Station Jagadhri City, District Yamuna Nagar (Annexure P-2) are hereby
quashed."
To the same effect, another judgment passed in 'Lakhwinder Singh
versus State of Punjab' CRM-M-37155-2021 decided on 16.11.2021 also
supports the present case.
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Learned State counsel has not disputed the fact that the matter has
been compromised.
A perusal of order dated 27.11.2019 passed by the Judicial Magistrate
Ist Class, Kurukshetra makes it clear that the matter has been settled between the
parties. Consequently, no fruitful purpose would be served in continuing the
proceedings under Section 174-A of IPC.
Consequently, the present petition is allowed and the impugned FIR
No.0852 dated 13.08.2019 under Section 174-A of IPC registered at Police
Station Thanesar City, District Kurukshetra (Annexure P-1) and all subsequent
proceedings arising therefrom, are hereby quashed, on the basis of compromise,
qua the petitioner only.
April 20, 2023 (NAMIT KUMAR)
mkkoundal JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:057736
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