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2025 DAILYLAW 93004 (PNJ)

ANU AWASTHI v. STATE OF PUNJAB

CRM-M/46555/2025 · 2025-08-26

Yashvir Singh Rathor

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Judgment text

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CRM-M-46555-2025 1 127 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-46555-2025 Date of Decision: 26.08.2025 ANU AWASTHI ......... Petitioner Versus STATE OF PUNJAB ..... Respondent CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present : Mr. Shobit Phutela, Advocate for the petitioner. Mr. Gorav Kathuria, DAG Punjab. **** YASHVIR SINGH RATHOR , J. (Oral) 1. Petitioner is seeking quashing of FIR No.145 dated 27.01.2023 (Annexure P-14), under Section 174-A of IPC registered at Police Station Sadar Hoshiarpur and order dated 07.12.2022 (Annexure P-12) vide which he was declared a proclaimed person in case bearing No.NACT/933/2020 dated 04.06.2020 by the Court of Judicial Magistrate 1st Class, Hoshiarpur, under Section 138 of Negotiable Instruments Act, 1881, titled “North Zone Bank Vs. Anu Awasthi”. 2. Learned counsel for the petitioner contends that the complaint was instituted on 02.06.2020 and petitioner was declared a proclaimed person vide order dated 07.12.2022 (Annexure P-12). However, subsequently matter was compromised between the parties and complainant has withdrawn the complaint under Section 138 of Negotiable Instruments Asgar Ali 2025.08.28 08:27 I attest to the accuracy and integrity of this document CRM-M-46555-2025 2 Act, 1881 (for short ‘NI Act’). Learned counsel further contended that since the main case under NI Act has been withdrawn on account of compromise between the parties, the order vide which petitioner was declared a proclaimed person is also liable to be quashed. 3. I have heard the learned counsel for the petitioner as well as the learned State counsel and have gone through the material collected by the police during investigation. 4. A Coordinate Bench of this Court in CRM-M-18724-2024 titled as ‘Deepak Nagpal Vs. State of Haryana’ vide order dated 20.03.2025 has held that once the main complaint under Section 138 of NI Act has been withdrawn on account of compromise between the parties, the proceedings vide which the accused has been declared a proclaimed person are liable to be quashed. To the same effect is the law laid down by Hon’ble Supreme Court in Criminal Appeal No.4359 of 2024 titled as ‘Daljit Singh Vs. State of Haryana’ decided on 02.01.2025 in which it has been held that the proceedings vide which the accused was declared a proclaimed person or the proceedings under Section 174-A of IPC which have been initiated are liable to be quashed in case, the main case is compromised between the parties. 5. In the present case also, petitioner was declared proclaimed person vide order dated 07.12.2022 (Annexure P-12) and main complaint case under Section 138 of NI Act has been withdrawn vide order dated 04.04.2025 (Annexure P-17) and in these circumstances, the order dated 07.12.2022 (Annexure P-12) and FIR No.145 dated 27.01.2023 (Annexure P-14), under Section 174-A of IPC registered at Police Station Sadar Hoshiarpur vide which petitioner was declared a proclaimed person are liable to be quashed. Asgar Ali 2025.08.28 08:27 I attest to the accuracy and integrity of this document CRM-M-46555-2025 3 6. In view of the factual position as stated above, the petition is allowed and the impugned order dated 07.12.2022 (Annexure P-12) and FIR No.145 dated 27.01.2023 (Annexure P-14), under Section 174-A of IPC registered at Police Station Sadar Hoshiarpur and all consequential proceedings arising therefrom, if any, instituted against the petitioner are quashed. 7. Pending misc. application (s), if any, shall also stand disposed of. (YASHVIR SINGH RATHOR) JUDGE 26.08.2025 Ali Whether speaking/reasoned Yes/No Whether Reportable Yes/No Asgar Ali 2025.08.28 08:27 I attest to the accuracy and integrity of this document