Punjab-Haryana High Court
Dheeraj Wadhera And Another vs State Of Haryana And Another on 13 March, 2024
Neutral Citation No:=2024:PHHC:036114
2024:PHHC:036114
CRM-M-64552-2023 -1-
217
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
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CRM-M-64552-2023
Date of Decision: 13.03.2024
Dheeraj Wadhera and another ..... Petitioners
Versus
State of Haryana and another ..... Respondents
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER
Present: Mr. A.P.S. Rana, Advocate
for the petitioners.
Mr. Surender Singh, Asst. A.G., Haryana.
*****
HARSH BUNGER J. (ORAL)
1. This is a petition filed under Section 482 of Cr.P.C. for quashing
of FIR No.360 dated 29.05.2023 (Annexure P-5) under Section 174-A of the
Indian Penal Code, 1860 (hereinafter to be referred as "the IPC") registered
at Police Station Urban Estate Hisar (Haryana) along with all the
consequential proceedings. The aforesaid FIR was registered consequent to
declaration of petitioners as proclaimed persons by the learned Judicial
Magistrate First Class, Hisar, vide order dated 05.04.2023 (Annexure P-3) in
compliant No. NACT/350/2021 titled as "Pardeep Kumar Versus Career
Overseas and another".
2. Mr. Gursahib Singh Hundal, Advocate appears and files
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Power of Attorney on behalf of respondent No.2 in Court today, which is
taken on record, subject to all just exceptions.
3. Reply dated 11.03.2024, by way of an affidavit of Vijay Pal,
HPS, Deputy Superintendent of Police, Headquarter, Hisar on behalf of
respondent No.1/State has been filed by learned State counsel in Court
today, which is taken on record, subject to all just exceptions.
4. Learned counsel for the petitioners has submitted that a
complaint under Section 138 of the Negotiable Instruments Act was filed at
the behest of respondent No.2 -complainant (Pardeep Kumar) against the
petitioners, wherein the petitioners were wrongly declared as a proclaimed
persons vide order dated 05.04.2023 (Annexure P-3) and an intimation
regarding the said order was sent by the Judicial Magistrate Ist Class, Hisar
to the Station House Officer concerned to register an FIR in respect of the
same. In pursuance of the said intimation, the FIR (Annexure P-5) was
registered against the petitioners. It is submitted that during pendency of the
present case, the matter got amicably settled between the petitioners and
respondent No.2-complainant and subsequent thereto, learned counsel
appearing for respondent No.2-complainant before the Judicial Magistrate
Ist Class, Hisar, suffered a statement before the said Court not to pursue the
Complaint No. NACT/350/2021 and sought withdrawal of the same. On the
basis of said statement, the Judicial Magistrate First Class, Hisar, granted
permission for withdrawal of complaint No. NACT/350/2021 vide its order
dated 06.10.2023 (Annexure P-4). It is further submitted that once the
complaint under Section 138 of the Negotiable Instruments Act has been
withdrawn, the present FIR under Section 174-A of the Indian Penal Code
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deserves to be quashed.
5. Learned State counsel has not disputed the fact that the
complaint (No. NACT/350/2021) stands withdrawn vide order dated
06.10.2023 (Annexure P-4), passed by the Judicial Magistrate Ist Class,
Hisar and he does not oppose the prayer of petitioners for quashing of FIR.
6. This Court has heard the learned counsel for the parties and has
perused the paper book.
7. A co-ordinate Bench of this Court in CRM-M-43813-2018 titled
as "Baldev Chand Bansal vs. State of Haryana and another", decided on
29.01.2019, has held as under:-
"Prayer in this petition is for quashing of FIR No.64 dated
15.02.2017 filed under Section 174-A of the Indian Penal Code
registered at Police Station Sector-5, Panchkula and all other
subsequent proceedings arising thereof as well as order dated
24.10.2016 passed by the trial Court vide which a direction was
issued to register the aforesaid FIR.
xxx xxx xxx
Learned counsel for the petitioner has relied upon the
decisions rendered by this Court in " Vikas Sharma vs. Gurpreet
Singh Kohli and another (supra), 2017, (3) L.A.R.584, Microqual
Techno Limited and others Vs. State of Haryana and another,
2015 (32) RCR (Crl.) 790 and "Rajneesh Khanna Vs. State of
Haryana and another" 2017(3) L.A.R. 555 wherein in an identical
circumstance, this Court has held that since the main petition filed
under Section 138 of the Act stands withdrawn in view of an
amicable settlement between the parties, therefore, continuation
of proceedings under Section 174A of IPC shall be nothing but an
abuse of the process of law.
In view of the same, I find merit in the present petition and
accordingly, present petition is allowed and the impugned order
dated 24.10.2016 passed by Judicial Magistrate, 1st Class,
Panchkula as well as FIR No.64 dated 15.02.2017 registered
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under Section 174-A of the Indian Penal Code at Police Station
Sector-5, Panchkula and all other subsequent proceedings arising
thereof, are hereby quashed."
8. In case titled as "Ashok Madan vs. State of Haryana and
another" reported as 2020(4) RCR (Criminal) 87, it is 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 174A I.P.C. Shall be abuse of the process of court.
7. Accordingly, the petition is allowed. FIR No.446 dated
21.08.2017, registered under Section 174A I.P.C. At Police Station
Kotwali, District Faridabad, as well as consequential proceedings
shall stand quashed."
9. Another co-ordinate Bench of this Court in a case bearing
CRM-M-14623-2021 titled as "Deepak vs. State of Haryana and another",
decided on 17.02.2022, has held as under:-
"...Since, the proceedings under Section 138 of the Act of
1881 has been withdrawn and the present FIR has been registered on
account of non-appearance of the petitioner, this Court feels that
continuance of the proceedings in the present FIR would be an abuse
of process of the Court.
Keeping in view the abovesaid facts and circumstances, as
well as the authorities of law referred to above, the present petition is
allowed and FIR No.969 dated 04.11.2018 registered under Section
174-A of IPC at Police Station Ballabgarh City, District Faridabad
(Annexure P-3) and all the consequential proceedings arising
therefrom, are ordered to be quashed qua the petitioner..."
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10. A perusal of the above referred judgments would manifest that
where an FIR under section 174-A of Indian Penal Code was registered
consequent upon declaration of the accused in the proceedings under Section
138 of the Negotiable Instruments Act, as "Proclaimed Persons", then upon
subsequent withdrawal of proceedings under Section 138 of the Negotiable
Instruments Act on the basis of an amicable settlement, it has been observed
that the continuation of proceedings under Section 174-A IPC shall be an
abuse of the process of court.
11. In the present case, it is not in dispute that the respondent No.2-
complainant had filed a complaint under Section 138 of the Negotiable
Instruments Act against petitioner and it is in the said proceedings that the
petitioners were declared as proclaimed persons by the trial Court and as a
consequential action thereof, the present FIR No.360 dated 29.05.2023
(Annexure P-5), was registered under Section 174-A of the Indian Penal
Code, at Police Station Urban Estate Hisar (Haryana). Thereafter, the matter
was compromised between the parties and complainant had withdrawn the
complaint under Section 138 of the Negotiable Instruments Act as per order
dated 06.10.2023 (Annexure P-4), which is reproduced hereinbelow:-
"An application for putting up the case file and allow the
complainant counsel to withdraw the complaint has been filed
by the learned counsel on behalf of the complainant. File put up
by the concerned Ahlmad after calling from the record room.
Ahlmad is directed to restore the case at its original number.
Today, complainant appeared and suffered a statement
into writing to the effect that the accused has paid a cheque
amount of Rs.1,10,000/- to the complainant and he does not
want to take any legal action against the accused, so he does
not want to proceed further with the present complaint and
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withdraws the same.
Heard. Keeping in view the statement suffered by the
complainant, the present complaint is hereby dismissed as
withdrawn.
File be consigned to record room after due compliance.
(Harjot Kaur)
Judicial Magistrate-1st Class, Hisar
UID No. HR00521"
12. Thus, after the withdrawal of proceedings under Section 138 of
the Negotiable Instruments Act on the basis of amicable settlement,
continuation of proceedings under Section 174-A of the Indian Penal Code
shall be an abuse of process of law.
13. Keeping in view the abovesaid facts and circumstances, as well
as the authorities of law referred to above, the present petition is allowed and
FIR No.360 dated 29.05.2023 registered under Section 174-A of the Indian
Penal Code, 1860 at Police Station Urban Estate Hisar, Haryana and all the
consequential proceedings arising therefrom, are ordered to be quashed qua
the petitioners.
14. Present petition is disposed of in the aforesaid terms.
15. All pending application(s), if any, shall stand closed.
13.03.2024 (HARSH BUNGER)
Himani JUDGE
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No
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