CRM-M-16102-2023 -1- 288 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-16102-2023 DECIDED ON: 08.07.2025 SATPARKASH .....PETITIONER VERSUS STATE OF PUNJAB .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Amritpal Singh, Advocate for the petitioner. Mr. Sandeep Singh, AAG Punjab SANDEEP MOUDGIL, J (ORAL) 1. This is a petition under Section 482 of Cr.P.C., for quashing the FIR No.207 dated 22.12.2022, registered at Police Station City Sadar Malout, District Sri Muktsar Sahib under Section 174-A of IPC (Annexure P-12) and the order dated 15.06.2022 (Annexure P-11) vide which the petitioiner has been declared as proclaimed person. 2. Learned counsel for the petitioner states that the main complaint NACT/483/2018 dated 12.03.2018, under Section 138 of Negotiable Instruments Act involving cheque No.751166 dated 19.01.2018 for a sum of Rs.90,000/-/- drawn on Punjab National Bank, Branch Loha Bazzar, Malout stands withdrawn by the complainant vide order dated 11.02.2023 passed by Presiding Officer, National Lok Adalat, Malout. SHAM SUNDER 2025.07.14 09:32 I attest to the accuracy and integrity of this document CRM-M-16102-2023 -2- 3. Since the main complaint has been dismissed as withdrawn, as is evident from the perusal of aforesaid order dated 11.02.2023 passed by Presiding Officer, National Lok Adalat, Malout and the offence between the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 instant FIR No.207 dated 22.12.2022, registered at Police Station City Sadar Malout, District Sri Muktsar Sahib under Section 174-A of IPC (Annexure P-12) and the order dated 15.06.2022 (Annexure P-11) vide which the petitioner has been declared as proclaimed person. 4. In view of the submissions made by learned counsel for the petitioner that the main complaint stands withdrawn by the complainant on 11.02.2023 therefore, continuation of proceedings under Section 174-A of IPC would be abuse of process of law.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. 5. 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. SHAM SUNDER 2025.07.14 09:32 I attest to the accuracy and integrity of this document CRM-M-16102-2023 -3- 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 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.” 7. 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. 8. Since the main complaint has been dismissed as withdrawn, as is evident from the perusal of aforesaid order passed by Presiding Officer, National Lok Adalat, Malout 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 instant FIR No.207 dated 22.12.2022, registered at Police Station City Sadar Malout, District Sri Muktsar Sahib under Section 174-A of IPC (Annexure P-12). SHAM SUNDER 2025.07.14 09:32 I attest to the accuracy and integrity of this document CRM-M-16102-2023 -4- 9. Keeping in view the above-said facts and circumstances, the present petition is allowed and FIR No.207 dated 22.12.2022, registered at Police Station City Sadar Malout, District Sri Muktsar Sahib under Section 174-A of IPC (Annexure P-12) and order dated 15.06.2022 (Annexure P-11) vide which the petitioner has been declared as proclaimed person, alongwith all consequential proceedings arising therefrom, are hereby quashed qua the petitioner. (SANDEEP MOUDGIL) 08.07.2025 JUDGE Sham Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SHAM SUNDER 2025.07.14 09:32 I attest to the accuracy and integrity of this document