Section 174-A prosecution may be quashed where the underlying Section 138 complaint is settled and withdrawn.

The petitioner faced a complaint under Section 138 of the Negotiable Instruments Act, 1881, in Complaint No. NACT-53-2017. Owing to his non-appearance, proceedings under Section 82 Cr.P.C. were initiated, and he was declared a proclaimed person by order dated 10.02.2022.

Thereafter, FIR No. 68 dated 14.02.2022 was registered at Police Station Sadar Kanina, District Mahendergarh, under Section 174-A IPC, corresponding to Section 209 of the Bharatiya Nyaya Sanhita.

Subsequently, the petitioner paid the entire cheque amount to respondent No. 2. The payment was acknowledged before the National Lok Adalat, and respondent No. 2 expressed unwillingness to pursue the complaint. The Section 138 complaint was consequently dismissed as withdrawn on 12.03.2022.

The petitioner therefore sought quashing of the proclamation order, the consequential FIR, and all subsequent proceedings.

Whether the proclamation order dated 10.02.2022 and the consequential FIR under Section 174-A IPC could be quashed after the petitioner appeared before the Court and the underlying Section 138 complaint was settled and withdrawn?

Whether continuation of the prosecution under Section 174-A IPC, an offence legally distinct from the underlying complaint, would serve any meaningful or legitimate purpose in the circumstances of the case?

The Court exercised inherent jurisdiction under Section 528 of the BNSS read with Section 482 Cr.P.C.

Section 174-A IPC, corresponding to Section 209 BNS, criminalises failure to appear at the specified place and time pursuant to a proclamation under Section 82 Cr.P.C.; under Daljit Singh v. State of Haryana, Criminal Appeal No. 4359 of 2024, decided on 02.01.2025, prosecution under Section 174-A IPC cannot be initiated without a proclamation but constitutes a stand-alone offence and may continue even if the proclamation subsequently ceases to operate.

However, where the underlying proceedings subsequently culminate in acquittal or otherwise cease to survive, the Court trying the Section 174-A prosecution may take that development into account and bring the proceedings to an end where the circumstances warrant.

The Court also relied on Vikas Sharma v. Gurpreet Singh Kohli, Microqual Techno Limited v. State of Haryana, Rajneesh Khanna v. State of Haryana, and Vishal Parashar v. State of Haryana, which recognised that continuation of Section 174-A proceedings may amount to abuse of process where the accused subsequently appears and the underlying Section 138 proceedings are settled, withdrawn, or otherwise terminated.

Although the offence under Section 174-A IPC is legally independent of the underlying Section 138 complaint, the Court considered the subsequent conduct and changed circumstances relevant to the exercise of inherent jurisdiction.

The petitioner had, upon acquiring knowledge of the proceedings, appeared before the Court and submitted to its jurisdiction. More importantly, the entire cheque liability had been discharged, respondent No. 2 had acknowledged receipt of payment and declined to pursue the complaint, and the substantive complaint had been dismissed as withdrawn.

In these circumstances, the purpose of the proclamation mechanism—securing the petitioner’s presence—had effectively been achieved. Continuing the consequential prosecution, despite resolution of the substantive dispute and the petitioner’s submission to the Court’s jurisdiction, would not advance any legitimate object of criminal justice and would amount to an unwarranted continuation of criminal process.

The Court therefore applied the principles in the cited precedents and found the case appropriate for exercise of inherent powers.

The High Court quashed and set aside the order dated 10.02.2022 declaring the petitioner a proclaimed person, FIR No. 68 dated 14.02.2022 registered under Section 174-A IPC at Police Station Sadar Kanina, District Mahendergarh, and all consequential proceedings arising therefrom, qua the petitioner.

Any pending miscellaneous applications were also disposed of.