Purviben Dilipbhai Sojitra v. State Of Haryana And Another
CRM-M-70313-2025 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CRM-M-70313-2025 (O&M) Date of decision: 13.01.2026 Purviben Dilipbhai Sojitra ....Petitioner
Versus
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :
Mr. Sunil Garg, Advocate for the petitioner
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$ ***** AMAN CHAUDHARY, J. (ORAL) 1.
Prayer made in the present petition is for quashing of impugned order dated 17.02.2020 passed by learned Judicial Magistrate 1st Class, Gurugram in complaint bearing No.NACT-17121-2017, vide which the State House Officer of concerned police station was directed to register the FIR against the petitioner as well as for quashing of FIR bearing No.284 dated 07.04.2021, registered under Section 174-A IPC at Police Station Shivaji Nagar, District Gurugram.
2.
Learned counsel submits that after the petitioner was declared proclaimed person vide order dated 17.02.2025 and the file was consigned. However, now the amount of Rs.14,36,082/- for which the complaint was filed under Section 138 of NI Act, stands paid and the closure letter/NOC has also been issued by the Bank on 29.11.2022, Annexure P-5. Thus, the submission made is that continuation of the present proceedings would amount to abuse of process of Court.
3.
Learned State counsel submits that the FIR was rightly registered MOHIT 2026.01.16 18:01 I attest to the accuracy and integrity of this document
CRM-M-70313-2025 (O&M) 2 as the petitioner was declared proclaimed person by the trial Court for having absented.
4.
Learned counsel for respondent No.2 affirms the factum of the loan amount being paid and has no objection for quashing of PO order as well as FIR.
5.
Heard.
6.
The very purpose of initiation of proclamation proceedings, is to compel and secure the presence of the accused to face trial and establish the rule of law, as also to ensure finalization of the proceedings, which stood achieved. 7.
In the present case, the petitioner was declared a proclaimed person on 17.02.2020, pursuant to which the impugned FIR was registered on 07.04.2021, however, during the interregnum, the amount in question stands paid to respondent No.2-Bank and the NOC has also been issued, hence this Court finding that continuation with the proceedings in question would amount to an abuse of the process of the Court, thus, the FIR is liable to be quashed, in exercise of power under Section 482 CrPC.
8.
Accordingly, the present petition is allowed. The impugned order dated 17.02.2020 passed by learned JMIC, Gurugram is set aside and the resultant FIR No.284 dated 07.04.2021, registered under Section 174-A IPC at Police Station Shivaji Nagar, District Gurugram, is hereby quashed. (AMAN CHAUDHARY) JUDGE 13.01.2026 M.Kamra Whether speaking/reasoned :
Yes / No Whether reportable :
Yes / No MOHIT 2026.01.16 18:01 I attest to the accuracy and integrity of this document