Punjab-Haryana High Court
Praveen Kumar vs State Of Haryana on 11 January, 2023
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
120
CRM-M-21314-2022
Decided on : 11.01.2023
Praveen Kumar
. . . Petitioner(s)
Versus
State of Haryana
. . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
PRESENT: Mr. Surender Pal, Advocate
for the petitioner(s).
****
SANJAY VASHISTH, J. (Oral)
Prayer in this petition, filed under Section 482 of the Code of
Criminal Procedure, 1973, is for setting aside of order dated 24.04.2019
(Annexure P-2), passed by Ld. JMIC, Jind, in a Complaint Case filed under
Section 138 of the Negotiable Instruments Act, 1881 (in short, 'NI Act')
bearing case No.NACT/691 of 2016, dt. 22.12.2016, titled as, "German Agro
Vs. Praveen Kumar", vide which, petitioner was declared proclaimed person,
and further seeking quashing of FIR No.349, dated 11.09.2019, under
Section 174-A of IPC, registered at Police Station Civil Line Jind (Annexure
P-3), as well as all consequential proceedings arising therefrom.
2. Learned counsel for the petitioner submits that main case i.e.
criminal complaint under Section 138 of NI Act, on account of compromise
between the parties, has already been withdrawn by the complainant by
giving statement before the Court below, which also reflects from the order
dated 20.01.2020 (Annexure P-6), passed by Ld. JMIC, Jind, vide which
complaint was ordered to be dismissed as withdrawn.
3. Learned counsel for the petitioner further submits that
JAWALA RAM
2023.01.11 16:48
I attest to the accuracy and
authenticity of this
order/judgement.
declaration of the petitioner as proclaimed offender, and thereafter,
registration of FIR No.349, dated 11.09.2019 under Section 174-A of IPC,
would not be considered material proceeding, once main offence from which
such proceedings emerged, has already been compromised between the
private parties. In support of the contention, learned counsel relies upon
judgment of the co-ordinate Bench of this Court rendered in CRM-M-47657-
2022, titled as, "Randhir Singh Tyagi vs. State of Haryana and another",
decided on 17.10.2022.
4. Notice of motion.
5. On asking of the Court, Mr. Vikas Bhardwaj, AAG, Haryana,
who is present in Court, accepts notice on behalf of the respondent - State.
Copy of the paper book has already been supplied to him.
6. In view of the settled proposition of law, wherein, several other
similar matters have already been decided by this Court, learned State
counsel has no serious and authentic submissions before this Court to oppose
the prayer made in present petition.
7. Heard.
8. Under these circumstances, once the proceedings under Section
138 of NI Act stands withdrawn on the basis of compromise, continuation of
the instant FIR under Section 174-A of IPC is nothing but an abuse of
process of law. In this regard reliance can be placed upon judgment rendered
by this Court in the case of Microqual Techno Limited and others v. State
of Haryana and another-2015(32) RCR (Criminal) 790, which has also
been followed in CRM-M-47891-2021, titled as, "Jitender Singh v. State
of Haryana and another", decided on 16.11.2021, and the order dated
05.09.2022, passed by this Court in CRM-M-34291-2022, titled as, "Pankaj
JAWALA RAM
2023.01.11 16:48
I attest to the accuracy and
authenticity of this
order/judgement.
Sharma Vs. State of Haryana and another".
9. Accordingly, instant petition is allowed. Order dated
24.04.2019 (Annexure P-2) declaring the petitioner as proclaimed offender,
and all consequential proceedings arising therefrom including FIR No.349,
dated 11.09.2019, under Section 174-A of IPC, registered at Police Station
Civil Line Jind (Annexure P-3), stand quashed qua the petitioner.
Petition stands disposed of.
(SANJAY VASHISTH)
JUDGE
January 11, 2023
J.Ram
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
JAWALA RAM
2023.01.11 16:48
I attest to the accuracy and
authenticity of this
order/judgement.
