Punjab-Haryana High Court
Anil Panwar vs State Of Haryana And Another on 30 April, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:059345
CRM-M-39022-2023 2024:PHHC:059345 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-39022-2023
DECIDED ON: 30.04.2024
Anil Pawar ...PETITIONER
VERSUS
State of Haryana and Anr.
..RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Tanmoy Gupta, 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., for quashing the
FIR No.0105 dated 02.06.2023, registered at Police Station City Tigaon, District
Faridabad under Section 174-A of IPC (Annexure P-4) alongwith order dated
09.05.2023 whereby the petitioner has been declared proclaimed offender in
complaint bearing number NACT-10376-2018 and 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 complaint filed against the
petitioner under section 138 of Negotiable Instrument Act wherein cheque no.
000019 dated 20.08.2018 for a sum of Rs 50,000/- issued by the petitioner got
dishonored and further he failed to join the proceedings due to covid and was
declared Proclaimed person vide order dated 09.05.2023.
3. He states that the main complaint under Section 138 of Negotiable
Instruments Act titled as "M/S ROYAL PUBLISHING HOUSE VS. GRK
INTERNATIONAL SCHOOL" bearing number NACT-10376-2018 stands
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withdrawn by the complainant, vide order dated 26.05.2023 (Annexure P-5)
passed by Judicial Magistrate 1st Class stating that the complainant/respondent
does not want to pursue the present complaint.
5. Heard, learned counsel for the parties.
6. In view of the submissions made by learned counsel for the
petitioner that the main complaint stands withdrawn by the complainant on
26.05.2023 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
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.
7. 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.
8. 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
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the main case which had been 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."
9. 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.
10. Since the main complaint has been dismissed as withdrawn, as is
evident from the perusal of aforesaid order dated 26.05.2023 passed by Judicial
Magistrate 1st Class (Annexure P-5) 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.
11. Keeping in view the above-said facts and circumstances, the
present petition is allowed and FIR No.0105 dated 02.06.2023, registered at
Police Station City Tigaon, District Faridabad under Section 174-A of IPC
(Annexure P-4) alongwith order dated 09.05.2023 whereby the petitioner has
been declared proclaimed offender in complaint bearing number NACT-10376-
2018 is quashed with all consequential proceedings arising therefrom.
(SANDEEP MOUDGIL)
30.04.2024 JUDGE
anuradha
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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