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High Court of Punjab and HaryanaCRM-M/17485/2023allowed

Pawan Saini v. State Of Haryana And Another

2023-10-04Mr. Justice Pankaj Jain4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 04.10.2023 Pawan Saini ....Petitioner

Versus

State of Haryana and another ....Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. A.K. Walia, Advocate for the petitioner.

Mr. R.K. Ambavta, AAG, Haryana.

Mr. Umesh Pandey, Advocate for respondent No.2. PANKAJ JAIN, J. (ORAL) By way of present petition filed under Section 482 Cr.P.C., the petitioner is seeking quashing of FIR No.153 dated 21.03.2022 registered for the offence punishable under Section 174-A of the IPC, at Police Station Pundri, District Kaithal (Annexure P-3) along with all proceedings subsquent thereto.

2.

The petitioner herein was summoned to face trial under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the N.I. Act'). On account of his lapse, he was declared Proclaimed Person which led to the registration of impugned FIR under Section 174-A IPC. 4.

Ld. Counsel for the petitioner refers to the order dated 10th of

January, 2023 (Annexure P-7) to contend that the principal proceedings initiated against the petitioner for offence punishable under Section 138 of the N.I. Act stand compromised as the complaint stands dismissed as withdrawn. In the aforesaid circumstances, he contends that continuation of the present proceedings under Section 174-A IPC shall amount to an abuse of process of law.

5.

Mr. Umesh Pandey, Advocate appears on behalf of respondent No.2 and admits the factum of their being a compromise w.r.t. proceedings under Section 138 of the N.I. Act and submits no objection in case the FIR registered for offence punishable under Section 174-A IPC and proceedings subsequent emanating thereto are ordered to be quashed. 6.

Having heard counsel for the parties, in the considered opinion of this Court the precise question as to whether proceedings under Section 174-A IPC can be allowed to continue after the principal complaint filed under Section 138 of the N.I. Act already stands annulled/ compromised/ settled, is no more res integra and has been answered by a Co-ordinate Bench of this Court in CRM-M-43813-2018 titled as "Baldev Chand Bansal Vs. State of Haryana and another" vide order dated 29th of Janaury, 2019, which 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." xx xxx xxxx 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.

xx xxx xxxx 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." 7.

Same is the view of another Co-ordinate Bench in the "Ashok Madaan vs. State of Haryana and another" reported as 2020 (4) RCR (Criminal) 87, wherein it has been held that: "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 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."

8.

Keeping in view the facts and circumstances of the present case and in view of the principles settled by this Court, the present petition is allowed. FIR No.153 dated 21.03.2022 registered for the offence punishable under Section 174-A of the IPC, at Police Station Pundri, District Kaithal (Annexure P-3) and all proceedings subsequent thereto, are hereby quashed qua the present petitioner.

October 04, 2023 (PANKAJ JAIN) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No