JUDGMENT :

SUMEET GOEL, J. 

CRM-52514-2025

Notice of the application in hand be issued to the respondents.

On the strength of advance copy; Mr. Adhiraj Singh, AAG, Punjab accepts notice on behalf of respondent-State. Mr. M.S. Hunda, Advocate has entered appearance on behalf of respondent No.2.

Having heard learned counsel for the rival parties and upon perusal of the record, this Court deems it fit to recall the order dated 11.12.2025 and the petition is ordered to be restored to its original number/status. List the main case today itself i.e. 08.01.2026.

Application stands allowed, accordingly.

CRM-M-24876-2024

1. The petition in hand has been filed under Section 482 of Cr.P.C. with the following substantive prayer:

“It is, therefore, respectfully prayed that the present petition of the petitioner may kindly be allowed and the FIR No. 7 dated 12.01.2023 registered under Section 174-A IPC at Police Station: Kotwali Patiala, District Patiala (Annexure P-1), may kindly be quashed, in the interest of justice.

It is further prayed that the order dated 21.12.2022 passed by Learned Judicial Magistrate Ist Class, Patiala (Annexure P-2), vide which the present petitioner has been declared Proclaimed Person' may kindly be set aside, in the interest of justice."

2. The impugned FIR (as set out in the petition in hand) reads thus:-

“SHO Police Station Kotwali Patiala, Dated 12.01.2022. on compliance of order ASI Balwinder Singh written than," today in police station Main Munshi given one order CNR No. PBPT00001252020 CIS No. COMA/52/2020 DATED 03-01-2023 copy by Gursewak Singh Sandhu S/o Ajaib Singh R/o Village Chupki Police Station Ghagga District Patiala by the Hon'ble Court of Sh. Palwinder Singh Judicial Magistrate 1st Class Patiala against Tancy Bansal S/o Pawan Kumar R/o House No. B-2/170 Jatan wala Chotra Patiala handed over to SI. Then after watching the order it is made out that Tancy Bansal commited the offence under section 174-A IPC so against accused Tancy Bansal caseunder section 174-A IPC is registered. In the jurisdiction Police Station Kotwali Patiala, t 0:20 pm, Lattitude:30.3253740, Longitude: 7.409879, Correct/ Balwinder Singh ASI PS Kotwali Patiala, Dated 12.01.202. on above said order case number above said section against Tancy Bansal S/o Pawan Kumar R/o House No. B-2/170 Jatan Wala Chotra Patiala registered. Incharge control room Police Station informed through W/M. cases handed over to HC Chattan Singh 1409/Pta. By hand by investigation ASI Balwinder Singh 145/Pta. DDR No. 28 AT: 03:57 PM, Dated: 12.01.2023.”

3. Learned counsel for the petitioner has submitted that the impugned FIR, has its genesis, in a criminal complaint filed against the petitioner (herein) under Section 138 of Negotiable Instruments Act of 1881, in proceedings whereof the petitioner was declared as a proclaimed person & hence the impugned FIR came to be got registered against the petitioner. Learned counsel for the petitioner has argued that the order as also the proceedings declaring the petitioner as a proclaimed person are manifestly illegal and against the mandatory provisions of law. It has been further iterated that the criminal complaint under Section 138 of NI Act, 1881 has already been withdrawn as the rival parties had entered into a compromise/settlement and hence no useful purpose would be served by continuation of the proceedings qua the impugned FIR. To buttress this aspect of his argument, learned counsel for the petitioner has relied upon the order dated 09.09.2023 passed by the concerned Judicial Magistrate which reads thus:

“File taken up today in National Lok Adalat. The present complaint has already been withdrawn by the counsel for the complainant/complainant vide his separate statement, which is already on record. In view of the statement of learned counsel for the complainant/complainant, the present complaint is, hereby, dismissed as withdrawn. Accused stands acquitted and he/she stands discharged from surety/bail bonds furnished, i