Mr. Surinder Singh vs State Of Punjab And Anr
2024 Latest Caselaw 10452 P&H

Punjab-Haryana High Court

Mr. Surinder Singh vs State Of Punjab And Anr on 27 June, 2024

Author: Manjari Nehru Kaul

Bench: Manjari Nehru Kaul

                                  IN THE HIGH COURT OF PUNJAB & HARYANA
                                               AT CHANDIGARH
                       126
                                                             CRM-M-30629-2024
                                                             Date of decision: June 27th, 2024
                       Mr. Surinder Singh
                                                                                   .....Petitioner

                                                        Versus

                       State of Punjab and another
                                                                                .....Respondents

                       CORAM:       HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

                       Present:     Mr. Praveen Kumar Bhatia, Advocate
                                    for the petitioner.

                       MANJARI NEHRU KAUL, J. (ORAL)

The instant petition has been filed under Section 482

Cr.P.C. for quashing of FIR No.338 dated 01.09.2023 under Section

174-A of the IPC registered at Police Station Sohana, S.A.S. Nagar, and

all consequential proceedings arising therefrom.

2. Learned counsel for the petitioner, at the outset, has drawn

the attention of this Court to order dated 09.12.2023 (Annexure P-5),

wherein it stands reflected that in view of a statement made by the

learned counsel for the complainant, the complaint under Section 138 of

the Negotiable Instruments Act, 1881 (for short, 'the NI Act') was

dismissed as withdrawn on the basis of a compromise. A prayer,

therefore, has been made that in the aforementioned facts and

circumstances, no purpose would be served by prosecuting the

petitioner under Section 174-A IPC. In support of his submissions,

learned counsel has placed reliance upon the judgment of this Court in

Sher Singh vs. State of Haryana (CRM-M-11846-2023) decided on

09.03.2023 wherein in identical facts and circumstances, the FIR

PUNEET SACHDEVA registered under Section 174-A of the IPC against the petitioner was

quashed.

3. Notice of motion.

4. On asking of the Court, Mr. Siddarth Sandhu.

Assistant Advocate General, Punjab, accepts notice on behalf of

respondent No.1-State.

5. Learned State counsel has opposed the prayer made by the

counsel opposite and contended that it was evident that the petitioner

had intentionally not appeared during the proceedings before the Court

below and hence, the prayer of the petitioner deserved to be declined.

6. I have heard learned counsel for the parties and perused the

relevant material on record.

7. The petitioner was declared a proclaimed person in a

complaint case under Section 138 of the NI Act. Admittedly, the said

complaint was withdrawn after the parties arrived at a compromise.

Hence, continuation of criminal proceedings for offence under Section

174-A of the IPC would serve no useful purpose.

8. Accordingly, the present petition is allowed and FIR

registered under Section 174-A of the IPC and all consequential

proceedings arising therefrom are quashed.

                        June 27th, 2024                        (MANJARI NEHRU KAUL)
                        Puneet                                      JUDGE
                                    Whether speaking/reasoned           :     Yes

                                    Whether reportable                  :     No