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2025 DAILYLAW 99549 (PNJ)

DEEPAK GREWAL v. STATE OF HARYANA AND ANOTHER

CRM-M/51713/2025 · 2025-09-15

Yashvir Singh Rathor

body2025

Judgment text

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128 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-51713-2025 Date of decision: 15.09.2025 DEEPAK GREWAL ...Petitioner VERSUS STATE OF HARYANA AND ANOTHER ...Respondents CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present: Ms. Pallavi Babbar, Advocate for the petitioner. **** YASHVIR SINGH RATHOR , J. (Oral) 1. The instant petition has been filed under Section 528 of BNSS, 2023 seeking quashing of FIR No.477 dated 07.07.2022 under Section 174-A of IPC registered at Police Station Karnal Civil Lines, District Karnal (Annexure P-1) vide which petitioner was declared a proclaimed person and for quashing of all consequential proceedings arising therefrom. 2. Upon notice of motion, Ms. Vasundhara Dalal Anand, Sr. DAG, Haryana, accepts notice on behalf of State. Mr. Kushager Goyal, Advocate has put in appearance on behalf of the complainant and accepts notice and has filed his power of attorney, which is taken on record. 3. I have heard learned counsel for the parties and perused the relevant material on record. 4. Learned counsel for the petitioner, at the outset, has drawn Priyanka Thakur 2025.09.16 09:13 I attest to the accuracy and integrity of this document the attention of this Court to order dated 01.09.2025 from which it stands reflected that in view of a statement made by the complainant, the aforesaid complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the NI Act) was dismissed as withdrawn on the basis of compromise between the parties. A prayer, therefore, has been made that in the aforementioned facts and circumstances, no useful purpose will be served by prosecuting the petitioner under Section 174-A IPC particularly when main case stands disposed off. In support of his submissions, learned counsel has placed reliance upon the judgment of this Court in (CRM-M-11846-2023) titled ‘Sher Singh vs. State of Haryana’ decided on 09.03.2023 wherein in identical facts and circumstances, the FIR registered under Section 174-A of the IPC against the petitioner was quashed. 5. Learned State counsel has opposed the prayer made by the counsel opposite and contended that it was evident that the petitioner had intentionally not appeared during the proceedings before the Court below and hence, the prayer of the petitioner deserved to be declined. However, learned counsel for the complainant in the case under Section 138 of N.I. Act has admitted the factum of compromise and withdrawal of complaint. 6. A Coordinate Bench of this Court in CRM-M-18724-2024 titled as ‘Deepak Nagpal Vs. State of Haryana’ decided 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 Priyanka Thakur 2025.09.16 09:13 I attest to the accuracy and integrity of this document 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. In the present case also, petitioner was declared proclaimed person and FIR (Annexure P-1) under Section 174-A of IPC was registered but main complaint case under Section 138 of NI Act has been withdrawn vide order dated 01.09.2025. In these circumstances, the FIR No.477 dated 07.07.2022 under Section 174-A of the IPC (Annexure P-1) vide which petitioner was declared a proclaimed person is liable to be quashed. 7. In view of the factual position as stated above, the petition is allowed and the FIR No.477 dated 07.07.2022 under Section 174-A of the IPC (Annexure P-1) and all consequential proceedings arising therefrom, if any, instituted against the petitioner are quashed. 8. Pending misc. application (s), if any, shall also stand disposed of. (YASHVIR SINGH RATHOR) 15.09.2025 JUDGE Priyanka Thakur Whether speaking/reasoned : Yes No Whether Reportable : Yes No Priyanka Thakur 2025.09.16 09:13 I attest to the accuracy and integrity of this document