Kuldeep Singh vs State Of Haryana And Another
2024 Latest Caselaw 6294 P&H

Punjab-Haryana High Court

Kuldeep Singh vs State Of Haryana And Another on 20 March, 2024

Author: Sandeep Moudgil

Bench: Sandeep Moudgil

                                       Neutral Citation No:=2024:PHHC:040350


CRM-M-1898-2023 (O&M) and
CRM-M-58940-2023                                                               -1-

275 (2 cases)                                       2024:PHHC:040350


            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

                                       CRM-M-1898-2023 (O&M) and
                                       CRM-M-58940-2023
                                       DECIDED ON: 20.03.2024


KULDEEP SINGH
                                                          .....PETITIONER

                                     VERSUS

STATE OF HARYANA AND ANOTHER
                                                          .....RESPONDENTS

CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:    Mr. Simranjeet Singh, Advocate
            for the petitioner(s).

            Mr. Gurbir Singh Dhillon, AAG Haryana.

SANDEEP MOUDGIL, J (ORAL)

CRM-3988-2023

This is an application under Section 482 Cr.P.C., for placing on record

a copy of order dated 07.12.2022 passed by Judicial Magistrate 1st Class, Tohana

vide which the complaint stands dismissed as withdrawn in view of the compromise

effected between the parties as well as statement of the complainant dated

07.12.2022 as Annexures P-7 and P-8 respectively.

Application is allowed as prayed for.

Annexures P-7 & P-8 are taken on record with just exceptions.

CRM-M-1898-2023 & CRM-M-58940-2023

1. Prayer in CRM-M-1898-2023 is for quashing of impugned order dated

06.04.2022 (Annexure P-3) along-with order dated 11.11.2022 (Annexure P-4)

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Neutral Citation No:=2024:PHHC:040350

CRM-M-1898-2023 (O&M) and

whereby, the petitioner was declared proclaimed person in a complaint i.e.

NACT/166/2017 dated 06.04.2017 and a direction was issued to SHO concerned, to

initiate proceedings under Section 174-A IPC.

2. Prayer in CRM-M-58940-2023 is for quashing of FIR No.292 dated

19.12.2022, under Section 174-A of IPC, registered at Police Station Sadar Tohana,

District Fatehabad.

3. Learned counsel for the petitioner states that the main complaint

NACT/166/2017 dated 06.04.2017, under Section 138 of Negotiable Instruments

Act, stands withdrawn by the complainant, in view of the compromise effected

between the parties vide order dated 07.12.2022 (Annexure P-7) passed by Judicial

Magistrate 1st Class, Tohana.

4. Learned counsel for the petitioner has sought quashing of the aforesaid

orders as well as the FIR on account of the fact that the petitioner could not appear

before the trial Court, as he had noted the date as 06.10.2022 instead of 06.04.2022

on which, the trial Court had cancelled his bail /surety bonds and forfeited the same

to the State and issued non-bailable warrants against him.

5. He further contends that on 11.11.2022, the proceedings in complaint

case No. NACT/166/2017 were fixed for presence of the present petitioner, wherein

the petitioner remained absent, therefore, learned trial Court declared the petitioner

as Proclaimed Person and sent the copy of the order to SHO of the concerned Police

Station for registration of FIR under section 174-A IPC. A copy of the order dated

11.11.2022 passed in NACT/166/2017 is annexed with the present petition as

(Annexure P-4). Subsequent thereto, an FIR No.292 dated 19.12.2022, under

Section 174-A of IPC, at Police Station Sadar Tohana, District Fatehabad has been

registered against the petitioner.

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CRM-M-1898-2023 (O&M) and

6. Since the main complaint has been dismissed as withdrawn, as is

evident from the perusal of the order dated 07.12.2022 (Annexure P-7) passed by

Judicial Magistrate 1st Class, Tohana and the offence between the petitioner and

complainant is personal in nature not against the society at large, who have resolved

their dispute amicably, no fruitful purpose would be served by continuing the

proceedings in the instant FIR No.292 dated 19.12.2022, under Section 174-A IPC,

registered at Police Station Sadar Tohana, District Fatehabad.

7. This Court is convinced on perusal of the pleadings and the

submissions made by learned counsel for the petitioner that the presence of the

petitioner was neither deliberate nor intentional, but has occurred due to bona-fide

errors, which were beyond his control, therefore, the continuation of proceedings in

the instant FIR, in pursuance of the order dated 11.11.2022 passed by Judicial

Magistrate 1st Class, Tohana would tantamount to nothing else, but an abuse of

process of law, which will finally be turned to a futile exercise.

8. In view of the submissions made by learned counsel for the petitioner

that the main complaint stands withdrawn by the complainant on 07.12.2022

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.

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CRM-M-1898-2023 (O&M) and

9. 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 regard.

10. 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 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."

11. 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.

12. Keeping in view the above-said facts and circumstances, both the

petitions are allowed. The orders dated 06.04.2022 (Annexure P-3) and 11.11.2022

(Annexure P-4) passed by Judicial Magistrate 1st Class as well as FIR No.292 dated

19.12.2022, under Section 174-A of IPC, registered at Police Station Sadar Tohana,

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CRM-M-1898-2023 (O&M) and

District Fatehabad alongwith all consequential proceedings arising therefrom, are

hereby quashed qua the petitioner.

13. A photocopy of this order be placed on the file of another connected

case.

                                                 (SANDEEP MOUDGIL)
20.03.2024                                             JUDGE
Sham


Whether speaking/reasoned      Yes/No
Whether reportable             Yes/No




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