Punjab-Haryana High Court
Surinder Mittal vs State Of Haryana And Another on 12 August, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
125
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-39043-2024
Date of Decision: August 12, 2024
SURINDER MITTAL ....Petitioner(s)
VERSUS
STATE OF HARYANA AND ANOTHER ....Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Anuj Garg, Advocate
for the petitioner.
Mr. B.S. Virk, Senior DAG, Haryana.
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SANDEEP MOUDGIL, J.(ORAL)
1. This is a petition under Section 528 Bhartiya Nagrik Suraksha
Sanhita (BNSS) read with Section 482 of Cr.P.C., as amended for quashing
the FIR No.2060 dated 05.12.2022 registered under Section 174-A IPC, at
Police Station Shivaji Nagar, Gurugram (Annexure P-3) along with all
subsequent 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 25 read with Section 27 of the Payment and
Settlement System Act, 2007 wherein the monthly installment of Rs.42741/-
could not be executed on the ground 'Balance Insufficient' and petitioner
has failed to put in appearance pursuant to which he was declared
proclaimed person vide order dated 06.10.2022 (Annexure P-2).
3. He states that the main complaint under Section 25 of the
Payment and Settlement Systems Act, 2007 (as amended upto date) read
with Section 357 of the Code of Criminal Procedure, 1973 titled 'M/s India
Infoline Housing Finance Limited' stands withdrawn by the complainant, in
view of the compromise affected between the parties vide order dated
13.05.2023 (Annexure P-6) passed by the Presiding Officer National Lok
Adalat, Gurugram and as such 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petitioner that the main complaint stands withdrawn by the complainant on
13.05.2023 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
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 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 13.05.2023 passed by
Presiding Officer National Lok Adalat, Gurugram (Annexure P-6) 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.
SANGEETA 11. Keeping in view the above-said facts and circumstances, the
present petition is allowed and FIR No.2060 dated 05.12.2022 registered
under Section 174-A IPC, at Police Station Shivaji Nagar, Gurugram
(Annexure P-3) alongwith all consequential proceedings arising therefrom,
are hereby quashed qua the petitioner.
(SANDEEP MOUDGIL)
JUDGE
12.08.2024
Sangeeta
Whether reasoned/speaking: Yes/No
Whether reportable: Yes/No
