Punjab-Haryana High Court
Sunil Dutt vs State Of Haryana And Another on 16 October, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
CRM-M-51287-2024 #1#
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
131 CRM-M-51287-2024
Date of decision: 16.10.2024
Sunil Dutt ......Petitioner
Versus
State of Haryana and Anr
.....Respondents
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Ms. Pinki Mehla, Advocate for the petitioner.
Mr. B.S. Virk, Sr. DAG, Haryana.
SANDEEP MOUDGIL, J (ORAL)
1. This petition has been filed under Section 482 Cr.P.C. for quashing of
impugned order dated 24.03.2023 passed by learned JMIC, Bhiwani in complaint
No.COMA 1794 of 2018 dated 20.04.2018 as also FIR No.323 dated 11.09.2023
under Sections 174-A of the IPC at P.S. Bhiwani Khera as well as subsequent
proceedings arising therefrom.
2. Learned counsel for the petitioner states that the main complaint
No.COMA 1794 of 2018 under Section 138 of Negotiable Instruments Act, 1881
stands withdrawn by the complainant vide order dated 27.03.2023 (Annexure P-1),
in view of the compromise affected between the parties.
3. Notice of motion.
4. Learned State Counsel accepts notice on behalf of
respondent/State and admits the factum of compromise.
5. Heard, learned counsel for respective parties.
6. Since the main complaint has been dismissed as withdrawn, and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 above mentioned FIR.
CRM-M-51287-2024 #2#
7. In view of the above, the continuation of proceedings in the
instant FIR 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petitioner that since the main complaint stands withdrawn by the complainant on
27.03.2023 therefore, continuation of proceedings under Section 174-A of IPC would
be an abuse of process of law. Also, this principle has been laid down in several
dictums of this Court. In this regard 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.
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
2024.10.19 03:50 default stood condoned. In such circumstances, continuation of
CRM-M-51287-2024 #3#
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, the
present petition is allowed and FIR No. 323 dated 11.09.2023 registered under
Sections 174-A of the IPC at P.S. Bhiwani Khera along with subsequent proceedings
as well as order dated 24.03.2023 passed by learned JMIC, Bhiwani in complaint
No.COMA 1794 of 2018 are hereby quashed qua the petitioner.
( SANDEEP MOUDGIL )
JUDGE
16.10.2024
manoj
1. Whether speaking/ reasoned : Yes /No
2. Whether reportable : Yes /No
