CRM-M-34739-2024 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 208 CRM-M-34739-2024 Date of Decision: 09.07.2025 Vijay Kumar .....Petitioner VERSUS State of Hayana and Anr. ...Respondent CORAM: HON’BLE MR. JUSTICE H.S. GREWAL Present: Ms. Veena Hooda, Advocate for the petitioner. Mr. Parveen Aggarwal, Addl. A. G. Haryana. **** H.S. GREWAL, J. (ORAL) 1. This petition has been filed under Section 482 Cr.P.C. for quashing of the FIR No. 332 dated 13.05.2023 under Section 174-A IPC, 1860 registered at Police Station City Narnaul District Mahendergarh (Annexure P-3) and all consequential proceedings arising out of the same. 2. Learned counsel for the petitioner contended that the present FIR is the outcome of a criminal complaint filed against the petitioner under Section 138 of the Negotiable Instruments Act. He further submits that the petitioner was declared proclaimed person vide order dated 15.04.2023 in pursuance thereto FIR No. 332 dated 13.05.2023 under Section 174-A IPC was registered. He further contends that vide order dated 18.05.2023 (Annexure P- 4) the main case was withdrawn by the complainant/respondent no.2 as compromise has been effected between the parties. He, therefore, prays for quashing of the present FIR as the continuation of proceedings under Section 174-A IPC would be an abuse of process of law. He has relied upon the orders passed by this Hon’ble Court in CRM-M-43813-2018 titled as Baldev Chand ANIL KUMAR 2025.07.22 10:28 I attest to the accuracy and integrity of this document CRM-M-34739-2024 2 Bansal Vs. State of Haryana, decided on 29.01.2019 wherein the FIR registered under Section 174-A IPC has been quashed. 3. Learned State counsel submits that the petitioner was rightly declared as proclaimed person, pursuant to which FIR was registered against him under Section 174-A IPC as he had failed to appear before the Court without any reasonable cause. 4. I have heard learned counsel for the parties and have carefully gone through the material available on record. 5. By way of the instant petition, the petitioner is seeking quashing of the present FIR registered under Section 174-A IPC on the ground that the initial complaint bearing NI Act-910 of 2017 has been withdrawn vide order dated 18.05.2025 (P-4) as the matter has been settled between the parties and the continuation of proceedings under Section 174-A IPC would be an abuse of process of law. 6. Hon’ble the Supreme Court, in the case of Daljit Singh versus State of Haryana and another, bearing Criminal Appeal No.4359 of 2024, decided on 02.01.2025, has quashed the impugned FIR therein registered under Section 174-A of IPC on the ground that the initial complaint under Section 138 NI Act had been settled between the parties. The relevant extract thereof is reproduced hereunder:- 7.3 Now, what happens if the status underSection 82Cr.P.C. is nullified i.e., the person subjected to such proclamation, by virtue of subsequent developments is no longer required to be presented before a Court of law. Then, can the prosecution still proceed against such a person for having not appeared before a Court during the time that the process was in effect. The answer is in the affirmative. We say so for the following reasons:- (i) The language ofSection 174A, IPC says “whoever fails to appear at the specified place and the specified time as required by proclamation…”. This implies that the very ANIL KUMAR 2025.07.22 10:28 I attest to the accuracy and integrity of this document CRM-M-34739-2024 3 instance at which a person is directed to appear, and he does not do so, this Section comes into play; (ii) What further flows from the language employed is that the instance of non-appearance becomes an infraction of the Section, and therefore, prosecution therefor would be independent ofSection 82, Cr.P.C. being in effect; (iii) So, while proceedings underSection 174AIPC cannot be initiated independent ofSection 82, Cr.P.C., i.e., can only be started post the issuance of proclamation, they can continue if the said proclamation is no longer in effect. (iv) We find that the Delhi High Court has taken this view, i.e., thatSection 174A, IPC is a stand-alone offence in Mukesh Bhatia v. State (NCT of Delhi)19;Divya Verma v. State20;Sameena & Anr. v. State GNCT of Delhi & Anr.21 Forthe reasons afore-stated, we agree with the findings made in these judgments/orders. At the same time, it stands clarified that we have not commented on the merits of the cases. (v) Granted that the offence prescribed inSection 174AIPC is indeed stand-alone, given that it arises out of an original offence in connection with which proceedings underSection 82Cr.P.C. is initiated and in the said offence the accused stands, subsequently, acquitted, it would be permissible in law for the Court seized of the trial under such offence, to take note of such a development and treat the same as a ground to draw the proceedings to a close, should such a prayer be made and the circumstances of the case so warrant. 8. In conclusion, we hold thatSection 174AIPC is an independent, substantive offence, that can continue even if the proclamation underSection 82, Cr.P.C. is extinguished. It is a stand-alone offence. That being the position of2022 SCC On Line Del 10232023 SCC On Line Del 2619Crl. M.C No, 1470 of 2021, Dated 17th May, 2022law, let us now turn to the present facts. As we have already noted supra, the Appellant stands acquitted of the main offence.” 7. A Coordinate Bench of this Court, in similar circumstances, in the case of Soni Kumar versus State of Punjab, bearing CRM-M-55315-2024, decided on 10.01.2025 has quashed the FIR under Section 174-A IPC stating that where the main complaint has been withdrawn, the continuation of proceedings would be an abuse of process of law. The relevant extract thereof is as under:- “The inherent jurisdiction under Section 528 BNSS, 2023/Section 482 Cr.P.C., 1973 is primarily aimed at preventing abuse of ANIL KUMAR 2025.07.22 10:28 I attest to the accuracy and integrity of this document CRM-M-34739-2024 4 judicial process and securing the ends of justice. Thus, when the dispute is essentially personal in nature and a genuine compromise has been reached, the High Court may intervene to quash the criminal proceedings recognizing the continuation thereof would be non-productive and unjust in the given circumstances. The inherent powers of a High Court are powers which are incidental replete powers, which if did not so exist, the Court would be obliged to sit still and helplessly see the process of law and Courts being abused for the purposes of injustice. In other words; such power(s) is intrinsic to a High Court, it is its very life immanent attribute. Without such power(s), a High Court would have form but lack the substance. These powers of a High Court hence deserve to be construed with the widest possible amplitude. These inherent powers are in consonance with the nature of a High Court which ought to be, and has infact been, invested with power(s) to maintain its authority to prevent the process of law/Courts being obstructed or abused. It is a trite posit of jurisprudence that though laws attempt to deal with all cases that may arise, the infinite variety of circumstances which shape events and the imperfections of language make it impossible to lay down provisions capable of governing every case, which in fact arises. A High Court which exists for the furtherance of justice in an indefatigable manner, should therefore, have unfettered power(s) to deal with situations which, though not expressly provided for by the law, need to be dealt with, to prevent injustice or the abuse of the process of law and Courts. The juridical basis of these plenary power(s) is the authority; in fact the seminal duty and responsibility of a High Court; to uphold, to protect and to fulfil the judicial function of administering justice, in accordance with law, in a regular, orderly and effective manner. In other words; Section 528 of BNSS, 2023 reflects peerless powers, which a High Court may draw upon as necessary whenever it is just an due process of law, to prevent vexation or oppression, to do justice substantial justice between the parties and to secure the ends of justice. ANIL KUMAR 2025.07.22 10:28 I attest to the accuracy and integrity of this document CRM-M-34739-2024 5 10. Keeping in view the entirety of the attending facts and circumstances of the case in hand; especially the original offence being an offence under Section 138 of Negotiable Instruments Act of 1881, the original offence alleged to have been committed in the year 2021, the subject matter of the original offence having been settled amicably between the parties and the criminal complaint under Section 138 of Negotiable Instruments Act, 1881 having been withdrawn on the basis of such settlement/compromise; this Court deems it appropriate that the FIR as also all proceedings emanating therefrom deserve to be quashed.” 8. Another Coordinate Bench of this Court in the case of Deepak versus State of Haryana and another, bearing CRM-M-14623-2021, decided on 17.02.2022, has also held as under:- “An affidavit was also filed by respondent No.2, which has been annexed as Annexure R-1, wherein in para 4 of the same, it has been stated that respondent No.2-Bank has no objection, in case, the present FIR is quashed against the petitioner because the Bank has received the cheque amount and consequently, the complaint has been withdrawn. Since, the proceedings under Section 138 of the Act of 1881 has been withdrawn and the present FIR has been registered on account of non-appearance of the petitioner, this Court feels that continuance of the proceedings in the present FIR would be an abuse of process of the Court. Keeping in view the abovesaid facts and circumstances, as well as the authorities of law referred to above, the present petition is al- lowed and FIR No.969 dated 04.11.2018 registered under Section 174-A of IPC at Police Station Ballabgarh City, Dis- trict Faridabad (Annexure P-3) and all the consequential proceed- ings arising therefrom, are ordered to be quashed qua the peti- tioner.” 9. In the present case, since the original complaint related to the dishonoured cheque has been withdrawn as the matter has been settled between the parties, no useful purpose would be served by continuing the proceedings under Section 174-A IPC against the petitioner. ANIL KUMAR 2025.07.22 10:28 I attest to the accuracy and integrity of this document CRM-M-34739-2024 6 10. Resultantly, the petition is allowed and FIR No. 332 dated 13.05.2023 under Section 174-A IPC, 1860 registered at Police Station City Narnaul District Mahendergarh along with all other consequential proceedings arising therefrom against the petitioner, are quashed. 11. Pending application(s), if any, shall also stand disposed of. (H.S. GREWAL) 09.07.2025 JUDGE anil Whether speaking/ reasoned: Yes/No Whether Reportable: Yes/No ANIL KUMAR 2025.07.22 10:28 I attest to the accuracy and integrity of this document