Punjab-Haryana High Court
Sampat Ram vs State Of Haryana on 18 March, 2024
Neutral Citation No:=2024:PHHC:038568
CRM-M-13626-2024 -1 - 2024:PHHC:038568
142 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-13626-2024
Date of Decision: 18.03.2024
Sampat Ram ...Petitioner
vs.
State of Haryana ...Respondent
Coram : Hon'ble Mr. Justice N.S.Shekhawat
Present : Ms. Shweta Bawa, Advocate
for the petitioner.
***
N.S.Shekhawat J. (Oral)
1. The petitioner has filed the present petition under Section 482
Cr.P.C., with a prayer to quash the FIR No.584 dated 07.08.2023 (Annexure P-
1), under Section 174-A of IPC, registered at Police Station Urban Estate Hisar,
District Hisar and all consequential proceedings arising therefrom.
2. Learned counsel for the petitioner contends that the HDFC Bank
had filed a complaint under Section 138 of the Negotiable Instrumens Act, 1881
(hereinafter to be referred as 'the Act') against the petitioner on 10.02.2021 in
the Court of Judicial Magistrate 1st Class, Hisar on account of dishonour of
cheque amounting to Rs.39,003/- dated 09.12.2020 (Annexure P-2). Learned
counsel further contends that the petitioner was ordered to be summoned in the
said complaint and thereafter, summons/warrants were ordered to be issued
against the petitioner. She further contends that ultimately without following
the due process of law, the petitioner was ordered to be declared as proclaimed
person, vide order dated 17.12.2023 (Annexure P-3). She further contends that
1 of 5
Neutral Citation No:=2024:PHHC:038568
CRM-M-13626-2024 -2 - 2024:PHHC:038568
thereafter, on the same day, the Judicial Magistrate 1st Class, Hisar directed the
concerned SHO to register the FIR No.584 dated 07.08.2023 under Section
174-A IPC at Police Station Urban Estate Hisar, District Hisar, against the
present petitioner. When the petitioner came to know about the pendency of the
complaint and the summoning order against him, the petitioner immediately
compromised the matter with HDFC Bank and vide order dated 25.09.2023
(Annexure P-4), the complaint was withdrawn by HDFC Bank. Learned
counsel further contends that since the main case has already been withdrawn
by the HDFC Bank, no purpose would be served by keeping the proceedings in
continuation of FIR No. 584 dated 07.08.2023 alive. She further contends that
in fact, the summons/warrants were issued against the present petitioner to
ensure the presence of the petitioner in the complaint case and the continuation
of the proceedings emanating therefrom would be an abuse of process of the
Court.
4. 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
2 of 5
Neutral Citation No:=2024:PHHC:038568
CRM-M-13626-2024 -3 - 2024:PHHC:038568
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.
xxx xxx xxx
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
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."
5. A perusal of the above judgment would show that in a similar case
where the FIR had been registered under Section 174-A IPC in view of the
order passed in proceedings under Section 138 of the Act, while declaring the
petitioner therein as a proclaimed offender, a co-ordinate Bench after relying
upon various judgments observed that once the main petition under Section 138
of the Act stands withdrawn in view of an amicable settlement between the
parties, the continuation of proceedings under Section 174-A IPC is nothing but
an abuse of the process of law. The said aspect was one of the main
considerations for allowing the petition and setting aside the order declaring the
petitioner therein as a proclaimed person as well as quashing of the FIR under
Section 174-A IPC
3 of 5
Neutral Citation No:=2024:PHHC:038568
CRM-M-13626-2024 -4 - 2024:PHHC:038568
6. 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
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."
7. In the present case also, the main case has already been withdrawn
by the complainant. Consequently, the continuation of the proceedings arising
from the impugned FIR No.584 dated 07.08.2023 (Annexure P-1), under
Section 174-A of IPC, registered at Police Station Urban Estate Hisar, District
Hisar would be an abuse of process of the Court. Similar observations have
been made by this Court in the matter of "Anil Kumar Versus Jitender
Kumar and another, CRM-M-5878-2022 decided on 06.04.2022", "Anil
Kumar Versus Jitender Kumar and another, CRM-M-5755-2022 decided
on 06.04.2022" and "Varinder Kumar @ Virender Kumar Versus State of
Haryana and another, CRM-M-42551- 2021 decided on 19.04.2022".
4 of 5
Neutral Citation No:=2024:PHHC:038568
CRM-M-13626-2024 -5 - 2024:PHHC:038568
8. In view of the above, the present petition is allowed and the FIR
No.584 dated 07.08.2023 (Annexure P-1), under Section 174-A of IPC,
registered at Police Station Urban Estate Hisar, District Hisar alongwith all
subsequent proceedings arising therefrom are hereby ordered to be quashed.
(N.S.SHEKHAWAT)
18.03.2024. JUDGE
hemlata
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
5 of 5
