Punjab-Haryana High Court
Davinderjit Singh And Another vs State Of Punjab on 1 August, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
2024. PHNC.OGS
CRM-M-36762-2024 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(126) CRM-M-36762-2024
Date of Decision : 01.08.2024
Davinderjit Singh and another ...Petitioners
Versus
State of Punjab ... Respondent
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Gagandeep Singh Simble, Advocate for the petitioners.
Mr. Rajiv Verma, DAG, Punjab.
3 2fe 2c 24
SANDEEP MOUDGIL, J.(ORAL)
1. This is a petition under Section 482 Cr.P.C. for quashing of
FIR No.0207, dated 06.08.2022, registered at Civil Lines Batala Police,
District Batala (Annexure P-3), under Section 174-A of IPC (Annexure P-3),
as the petitioners have been declared proclaimed persons in a complaint case
No.NACT/125/2018 dated 27.02.2018.
2. Learned counsel for the petitioners states that the main complaint
NACT/125/2018 dated 27.02.2018, under Section 138 of Negotiable
Instruments Act, 1881, stands withdrawn by the complainant, in view of the
compromise affected between the parties vide order dated 31.05.2024
(Annexure P-6), passed by JMIC, Batala.
3. Notice of motion.
4. Mr. Rajiv Verma, DAG, Punjab accepts notice on behalf of
respondent/State and he admits the factum of compromise.
5. Since the main complaint has been dismissed as withdrawn, as is
MANPREET SINGH
fattest to the accu@achent from the perusal of aforesaid order dated 31.05.2024 (Annexure P-6)
authenticity of this
order/judgment
MANPREET SINGH
2024.08.06 12:44
2024 PHNG.O984
passed by JMIC, Batala and the offence between the petitioners 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 FIR No.0207, dated 06.08.2022, registered at Civil
Lines Batala Police, District Batala under Section 174-A of IPC
6. In view of the submissions made by learned counsel for the
petitioners that the main complaint stands withdrawn by the complainant on
31.05.2024 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 JJinder
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 174-A
2044 PHEC.OGE:
CRM-M-36762-2024 3
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 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 passed by JMIS, Batala and the
offence between the petitioners 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
FIR No.0207, dated 06.08.2022, registered at Civil Lines Batala Police,
District Batala under Section 174-A of IPC (Annexure P-3).
11. Keeping in view the above-said facts and circumstances, the
present petition is allowed and FIR No.0207, dated 06.08.2022, registered at
Civil Lines Batala Police, District Batala under Section 174-A of IPC
2004 PREC. 0083
CRM-M-36762-2024 4
(Annexure P-3) alongwith all consequential proceedings arising therefrom, are
hereby quashed qua the petitioners.
(SANDEEP MOUDGIL)
JUDGE
August 01, 2024
Manpreet
Whether speaking/reasoned Yes/No
Whether reportable : Yes/No
