While Section 174-A IPC is an independent, substantive offence surviving the quashing of main proceedings, the High Court may exercise its inherent powers under Section 482 Cr.P.C. to quash such proceedings if the original dispute has been amicably settled and continued prosecution is unjust.

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SUMEET GOEL, J. (Oral)

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

“It is therefore, most respectfully prayed the present petition may kindly be allowed and FIR No.48 dated 24.02.2020 under Section 174-A Indian Penal Code, 1860, Police Station Sadar Tarn Taran, District Tarn Taran (Annexure P-2) be quashed in the interest of justice.”

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

“Present - Ms. Jagjit Walia, APP for the state. Accused Kuldeep Singh and Baljinder Kaur proclaimed offenders. Statement of serving official has been recorded today. Period of 30 days has also been elapsed. Accused Kuldeep Singh and Baljinder Kaur not turned up in the court. As such, accused Kuldeep Singh and Baljinder Kaur is declared proclaimed offenders. Necessary intimation in this regard be sent to concerned police station & accused be produced before the court as and when they surrendered or arrested by the police. File be consigned to the record room, after due compliance. Copy of this order be forwarded to Station House Officer police station concerned to enable him to initiate proceedings against the accused U/s 174-A of Indian Penal Code. Pronounced on :- 2nd day of November, 2019 SD/- Amandeep Kaur (UID PB 0207) Addl. Chief Judicial Magistrate Tarn Taran. Endorsement No. 432 Date 06.11.2019 Copy of this ordered to be forwarded to SHO PS Sadar Tarn Taran for compliance. Police Station today: At this time above order no. 432 dated 06.11.2019 of the court of Smt. Amandeep Kaur ACJM/TT is received through post Kuldeep Singh son of Ajaib Singh resident of Dhandrian District Sangrur and Baljinder Kaur wife of Kuldeep Singh resident of Dhandrian District Sangrur, against whom case no. 42 dated 17.02.2018, offence 420, 120-B I.P.C, Police Station Sadar Tarn Taran, was pending in the court, order is passed by Ld Judge to register the case on being absent in court from the hearing. On this above case is registered under above sections and copy of the original order alongwith copy of the F.I.R is handed over to I, ASI for further investigation. I am going to busy in the investigation. Report has been sent to control room through E Mail Closing Rapat No. 30, Time 02:50 PM. Dated 24.02.2020.”

3. Learned counsel for the petitioners has submitted that the impugned FIR, has its genesis, in a criminal case filed against the petitioners (herein) under Sections 420, 120-B IPC in proceedings whereof the petitioner was declared as a proclaimed person & hence the impugned FIR came to be got registered against the petitioners. Learned counsel for the petitioners has argued that the order as also the proceedings declaring the petitioners as proclaimed person are manifestly illegal and against the mandatory provisions of law. It has been further iterated that the FIR registered for the offences under Sections 420, 120-B IPC has already been quashed in CRM-M-21002-2023, vide order dated 28.08.2023, 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.

On the strength of above arguments, learned counsel for the petitioner has pressed for grant of petition in hand.

4. Learned State counsel has filed short reply by way of affidavit of Deputy Superintendent of Police, Sub-Division Khadur Sahib, Camp at Goindwal Sahib, District Tarn Taran. Learned State counsel while raising arguments in tandem with the said reply has opposed the claim of the petitioners seeking quashing of the FIR in question. While refutin