Punjab-Haryana High Court
Parvin Joginder Obhan vs State Of Haryana And Another on 25 April, 2024
Neutral Citation No:=2024:PHHC:056368
2024:PHHC:056368
CRM-M-44659-2023(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
127 CRM-M-44659-2023(O&M)
Date of Decision : April 25, 2024
PARVIN JOGINDER OBHAN
.....Petitioner
VERSUS
STATE OF HARYANA & ANR
.....Respondents
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. Krishan Kanha, Advocate
for the petitioner.
Mr. Bhupender Singh, DAG, Haryana.
Mr. Kshitij Goel, Advocate
for respondent No.2.
KULDEEP TIWARI, J. (Oral)
CRM-17607-2024
1. The instant application has been filed under Section 482
Cr.P.C. seeking amendment in the head note as well as in the prayer
clause of the petition to make challenge the order dated 12.8.2022,
whereby, the petitioner has been declared as a proclaimed person.
2. The main petition has been filed seeking quashing of FIR
No.0294 dated 13.9.2022, under Section 174-A IPC, registered at Police
Station Nathu Sarai Chopta, District Sirsa. Infact the above FIR was
registered on the basis of the order (supra) passed by the learned trial
Court concerned, therefore, it is necessary for the petitioner to challenge
the order (supra) alongwith the FIR in question.
1 of 3
Neutral Citation No:=2024:PHHC:056368
2024:PHHC:056368
CRM-M-44659-2023(O&M) -2-
3. In view of the above, the instant application is allowed. The
amended petition is taken on record.
4. The Registry is directed to place at appropriate place.
Main case
5. The present petition has been filed for seeking quashing of
FIR No.0294 dated 13.9.2022, under Section 174-A IPC, registered at
Police Station Nathu Sarai Chopta, District Sirsa, whereby, the petitioner
has been declared as a proclaimed person.
6. The main foundation laid for seeking the relief (supra) is that
the main private complaint in which the petitioner was declared as a
proclaimed person, has been withdrawn as the matter has been settled on
the basis of compromise.
7. It is transpired from the record that the respondent-
complainant filed a criminal complaint No.NACT-1385-2018 under
Section 138 of the Negotiable Instruments Act and thereupon, the
petitioner was summoned vide summoning order dated 13.10.2018.
Owing to his non-appearance despite his being served, the learned trial
Court concerned proceeded to declare him as a proclaimed person vide
order (supra). Thereupon, the FIR in question was also registered and
now the matter has been compromised on 16.8.2023 and the complaint
has been withdrawn vide order dated 18.8.2023.
8. Learned counsel for the petitioner has relied upon the
judgment passed by this Court in "Sher Singh Rana Vs. State of
Haryana and others", CRM-M-20832-2021 to submit that since the
main complaint has already been withdrawn, therefore, the continuation
2 of 3
Neutral Citation No:=2024:PHHC:056368
2024:PHHC:056368
CRM-M-44659-2023(O&M) -3-
of the proceedings arising out of the FIR (supra) is nothing but an abuse
of the process of law. The co-ordinate Bench of this Court has also held
that the proceedings under Section 174-A IPC can also be quashed in
case the matter has been compromised.
9. Resultantly, FIR No.0294 dated 13.9.2022, under Section
174-A IPC, registered at Police Station Nathu Sarai Chopta, District Sirsa
and all the subsequent proceedings arising therefrom, are, hereby,
quashed, subject to payment of ₹5,000/- to be deposited with the District
Legal Services Authority concerned.
(KULDEEP TIWARI)
April 25, 2024 JUDGE
ajay-1
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
3 of 3
