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
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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 bearing NACT No. 1070/2019 stands withdrawn by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the petitioner that the main complaint stands withdrawn by the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
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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
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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
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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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