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CRM-M-11796-2026(O&M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

142 CRM-M-11796-2026(O&M)

Date of Decision: 18.05.2026

PREETI MALIK .....PETITIONER

VERSUS

UT OF CHANDIGARH ...RESPONDENT

CORAM: HON’BLE MR. JUSTICE H.S.GREWAL

Present: Mr. Vishal Malik, Advocate for the petitioner.

Mr. Alankrit Bhardwaj, Addl. P.P.UT Chandigarh

****

H.S. GREWAL, J. (ORAL)

CRM-9418-2026

Allowed as prayed for.

Main case

1. This petition has been filed under Section 528 of BNSS for

quashing of FIR No. 0298 dated 19.11.2022 under Section 174-A IPC

registered at Police Station Sector-36 Chandigarh as the main cheque bounce

complaint case No. NACT-11806-2017 titled as Rohit Khullar Vs Preeti Malik

has already been dismissed as withdrawn vide order dated 11.02.2023 passed

by ld. JMIC, Chandigarh on the basis of compromise deed dated 08.02.2023.

2. Learned counsel for the petitioner contended that the present FIR

is the outcome of a criminal complaint filed against the petitioner under

Section 138 of the Negotiable Instruments Act. He further submits that the

petitioner was declared proclaimed person vide order dated 25.02.2019 in

pursuance thereto FIR No. 0298 dated 19.11.2022 under Section 174-A IPC

was registered and in which the petitioner was wrongly convicted by the

RENU RAWAT

2026.05.20 16.56

I attest to the accuracy and

integrity of this document

Chandigarh

CRM-M-11796-2026(O&M) 2

learned JMIC, Chandigarh. He further contended that the petitioner settled the

matter with the complainant and the complainant appeared before the learned

JMIC, Chandigarh and made a statement to that effect and the complaint was

withdrawn by the complainant. He has referred to the statement given by the

complainant and the order of the trial Court dated 11.02.2023 (Annexures P-5)

in this regard. He, therefore, prays for quashing of the present FIR as the

continuation of proceedings under Section 174-A IPC would be an abuse of

process of law. He has replied upon the judgment passed by this Court in

CRM-M-41656 of 2023, decided on 23.08.2023 wherein the FIR registered

under Section 174-A IPC arising out of the same complaint between the parties

has been quashed. In support of his submissions, he has relied upon the

judgment of Hon’ble the Supreme Court in the case of Daljit Singh versus

State of Haryana and another, bearing Criminal Appeal No.4359 of 2024,

decided on 02.01.2025 and the judgments of this Court in the cases of Soni

Kumar versus State of Punjab, bearing CRM-M-55315-2024, decided on

10.01.2025 and Deepak versus State of Haryana and another, bearing CRM-

M-14623-2021, decided on 17.02.2022.

3. On the other hand, learned State counsel submits that the petitioner

was rightly declared as proclaimed person, pursuant to which FIR registered

was registered against him under Section 174-A IPC, as he had failed to appear

before the Court without any reasonable cause.

4. I have heard learned counsel for the parties and have carefully

gone through the material available on record.

5. By way of the instant petition, the petitioner is seeking quashing of

the present FIR registered under Section 174-A IPC on the ground that the

initial complaint bearing NACT No.11806/2017 has been withdrawn as the

RENU RAWAT

2026.05.20 16.56

I attest to the accuracy and

integrity of this document

Chandigarh

CRM-M-11796-2026(O&M) 3

matter has been settled between the parties and the continuation of proceedings

under Section 174-A IPC would be an abuse of process of law.

6. Hon’ble the Supreme Court in the case of Daljit Singh versus

State of Haryana and another(supra) has quashed the impugned FIR therein

registered under Section 174-A IPC on the ground that the initial complaint

under Section 138 NI Act had been settled between the parties. The relevant

extract thereof is reproduced hereunder:-

7.3 Now, what happens if the status under Section 82 Cr.P.C. is

nullified i.e., the person subjected to such proclamation, by virtue

of subsequent developments is no longer required to be presented

before a Court of law. Then, c