Continuation of proceedings under Section 174-A IPC is an abuse of process of law once the main dispute between the parties has ended.

JUDGMENT

Sanjay Vashisth, J. (Oral) - The instant petition has been filed under Section 482 Cr. P.C. for quashing of the impugned order dated 24.09.2018 vide which petitioner-Pankaj Sharma, has been declared proclaimed person in FIR No. 0736 dated 01.10.2018 under Section 174-A IPC, registered at Police Station Shivaji Nagar Disrict Gurugram, Haryana along with all subsequent proceedings emanating therefrom.

2. While referring to order dated 22.04.2019 (Annxure P-7), learned counsel for the petitioner submits that dispute between the parties was resolved and the statement in this regard was recorded and in pursuance thereof the complaint was ordered to be withdrawn vide order dated 22.04.2019. Learned counsel for the petitioner further submits that order of declaring the petitioner as proclaimed person in case had already been passed on 24.09.2018 (Annexure P-5). Pursuant to having been declared as a proclaimed person, the present FIR No. 736 dated 01.10.2018 under Section 174-A, was also registered at Police Station Shivaji Nagar Disrict Gurugram, Haryana.

3. Learned counsel for the petitioner cites judgment dated 13.07.2022 passed in CRM-M-12034-2022 (Hitesh H. Shah v. State of Haryana and another). He submits that case of the petitioner is completely identical on the facts and law to that of the referred judgment.

4. Notice of motion.

5. On asking of the Court, Mr. Vikas Bhardwaj, AAG, Haryana, who is present in the Court, accepts notice on behalf of respondent-State. He submits that impugned order has been passed as per law by following all the provisions of Cr. P. C., and therefore, same is worth to sustain. However, he is not disputing the fact that the very dispute out of which proceedings have been initiated under Section 174-A IPC stands finalised and the main petition under Section 138 of NI Act has already been withdrawn on 22.04.2019.

6. I have heard learned counsel for the parties and have also gone through the case record available before me.

7. It is clear that dispute between private parties regarding cheque amount of Rs. 50,000/- has already been ended as the main petition stands withdrawn in view of the statement of the complainant vide order dated 22.04.2019. Learned counsel for the petitioner has already given his explanation in para Nos. 5 and 6 of present petition which reads as follows:

'5. That on dated 17.05.2018 the respondent No. 2 had issued a no objection certificate to the petitioner vide which it is mentioned that respondent No. 2 has received complete payment from the petitioner and there is no further amount is outstanding towards the petitioner. It is further to mention here that on the same day respondent No. 2 assured that there is no need to present in person before the Court in the proceedings of complaint u/s 138 N. I. Act as you had already deposited the entire payment and on the next date of hearing the respondent No. 2 will withdrawn the complaint u/s 138 of N. I. Act. A copy of no objection certificate is annexed herewith asAnnexure P-3.

6. That on the assurance of the respondent no. 2, the petitioner did not put his appearance before the Id. Trial Court as he was in this impression that the respondent No. 2 would have withdraw the complaint u/s 138 of N. I.Act. It is pertinent to mention here that the petitioner was astonished when he came to know that the respondent No. 2 has not withdraw the complaint u/s 138 of N. I. Act despite the full payment paid by the petitioner and Id. Trial Court declared the petitioner proclaimed offender with a direction to register a FIR u/s 174-A against the petitioner. The copies of order of proclaimed offender and FIR are annexed herewith as Annexure P-4 & P-5. '

8. A co-ordinate Bench of this Court in CRM-M-43813-2018 titled as 'Baldev Chand Bansal vs. State of Haryana and another', decided on 29.01.2019 has held as under:-

'Prayer in this petition is for quashing of FIR No. 64 dated 15.02.2017 filed under Section 174-A of the Indian Penal Code registered at P