Pursuing FIR Under Section 174-A IPC After Settlement is 'Abuse of Process: Punjab & Haryana High Court

Punjab and Haryana High Court in Jarnail Singh Bajwa v. State of Punjab quashed an FIR under Section 174-A IPC registered against the petitioner, who was declared a proclaimed offender following non-appearance in a cheque bounce case under Section 138 of the Negotiable Instruments Act. Justice N.S. Shekhawat found that pursuing the FIR after the underlying complaint was resolved would be an "abuse of the process of law."
The petitioner, Jarnail Singh Bajwa, faced a complaint for dishonor of a cheque under Section 138 of the Negotiable Instruments Act. Upon his failure to appear in court, he was declared a proclaimed offender, prompting the registration of an FIR under Section 174-A IPC. However, after intervention by community members, the parties settled their dispute, and the original complaint was withdrawn.
The High Court noted that once the original complaint was withdrawn, the purpose of declaring the petitioner a proclaimed offender was fulfilled. Citing precedent, the Court observed that “continuation of proceedings under Section 174-A IPC shall be nothing but an abuse of the process of law.” The decision referenced prior judgments, including Baldev Chand Bansal v. State of Haryana and Ashok Madan v. State of Haryana, where similar FIRs under Section 174-A IPC were quashed following settlement in the primary case.
Limitation of Section 82 CrPC: Proclaimed Person vs. Proclaimed Offender
The Court highlighted a procedural point, noting that under Section 82 of the Code of Criminal Procedure (CrPC), an individual declared under such circumstances should be labeled a “proclaimed person” rather than a “proclaimed offender,” thereby adding grounds for quashing the FIR.
The High Court quashed the FIR against the petitioner, reiterating that, in cases resolved by compromise, maintaining FIRs under Section 174-A IPC serves no purpose and undermines judicial resources. This judgment reinforces the discretion of courts to prevent misuse of legal provisions post-settlement.

Date of Decision: October 22, 2024