Punjab-Haryana High Court
Four Fresh Retail Pvt. Ltd. And ... vs State Of Haryana And Another on 5 July, 2023
Neutral Citation No:=2023:PHHC:084820
CRM-M-51431-2022 & 2023:PHHC:084820 - 1-
CRM-M-51525-2022
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
211
CRM-M-51431-2022
Date of decision: 05.07.2023
Four Fresh Retail Pvt. Ltd.and others
....Petitioners
Versus
State of Haryana and another
...Respondents
CRM-M-51525-2022
Four Fresh Retail Pvt. Ltd. and others
....Petitioners
Versus
State of Haryana and another
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Abhimanyu Batra, Advocate for the petitioners.
Mr. Dhruv Sihag, AAG, Haryana,
Mr. K.S.Dhanora, Advocate, for respondent no.2.
*****
AMAN CHAUDHARY. J.
1. The present petitions under Section 482 Cr.P.C. have been filed for
quashing of FIR Nos.464 and 463, dated 09.07.2022, registered Section 174-A of
IPC, at Police Station Ladwa, District Kurukshetra and all consequential proceedings
arising thereof.
2. Learned counsel submits that the petitioners in both the cases were
declared proclaimed person by the trial Court on 05.07.2022 (Annexure P-3).
Consequent thereupon FIRs under Section 174-A Cr.P.C. were registered against
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them. During the pendency of the proceedings both the matters have been
compromised as the entire cheque amount of Rs.3,80,000/- and Rs.1,70,000/-
respectively which were the subject matters in both the complaints under the
provisions of Negotiable Instruments Act, were paid and sequentially, both the
complaints were ordered to be dismissed as withdrawn vide orders dated
11.10.2022 (Annexure P-4) and 26.09.2022 (Annexure P-5) respectively. The
continuation of the proceedings in both the FIRs would be the abuse of process of
law. Reliance is placed upon judgments of the co-ordinate Bench of this High
Court in Harmeet Kaur alias Harmit Kaur vs. State of Punjab and another
CRM-M-6672-2022, decided on 03.03.2022 and Sher Singh Rana vs. State of
Haryana and others, 2023 (1) RCR (Criminal) 185.
3. Learned State counsel as also the learned counsel appearing on
behalf of respondent Nos.2 and 3 affirm the factum of compromise.
4. Heard.
5. Admittedly, the parties have compromised the matter and consequently,
the complaints under Section 138 of the N.I. Act itself were ordered to be withdrawn
by the Court.
6. In similar set of facts and circumstances, while placing reliance on the
judgments in Microqual Techno vs. State of Haryana and another (2014) R.C.R.
(Criminal) 790; Rajneesh Khanna vs. State of Haryana and another, 2017 (3)
L.A.R. 555, CRM-M32612 of 2020, Surender Singh vs. State of Haryana and
another decided on 12.01.2021, the proceedings initiated under Section 174-A IPC
were quashed by this Court in the case of Murli Jha vs. State of Haryana 2021(3)
R.C.R.(Criminal)563, observing therein that, "I have considered the rival
submissions of the parties. The FIR is an outcome of the order declaring the
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petitioner as a proclaimed person in proceedings initiated under section 138 of NI
Act which stands settled, the complaint has been withdrawn and the proceedings
against the accused petitioner were dropped. In such circumstances, the continuation
of prosecution under Section 174-A IPC in pursuance to orders passed by the trial
Court cannot be permitted to continue. "
7. Considering the aforesaid facts and circumstances of the case and the
decisions referred, this Court finds that the continuation of proceedings against the
petitioners pursuant to FIRs in question, would be an abuse of process of law.
Accordingly, both the petitions are allowed and FIR Nos.464 and 463, dated
09.07.2022, registered Section 174-A of IPC, at Police Station Ladwa, District
Kurukshetra, are quashed.
A photocopy of this order be placed on the file of the connected case.
(AMAN CHAUDHARY)
JUDGE
July 05, 2023
dharamvir
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
Neutral Citation No:=2023:PHHC:084820
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