TaxTMI 
TaxTMI 
2026 (6) TMI 1217
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....stice." 2. The impugned FIR (as set out in the petition in hand) reads thus: "CNR No. HRFB03-004571 2016 NACT-1176-2016 M/s Shivani Industries v. Nitin Saraswat Present: Sh. Rajesh Khanna, counsel for complainant. Today the case was Saraswat. Mandatory period of 30 days from the date of issuance of proclamation against him has expired but accused has not appeared before his Court. Case called since morning. But none has appeared on behalf of accused. It is already 03.30 P.M. No further wait is justified. Hence, accused Nitin Saraswat is hereby declared as proclaimed person. As the complainant had already been examined, hence evidence u/s. 299 Cr.P.C not required. Complainant has not filed any list of properties of the accused, hence, proceedings under section 83 of CrPC are not initiated. Now, notice along with copy of this order be issued to SHO of concerned police station, Faridabad for 29.11.2017, with the direction to register a case against proclaimed person Nitin Saraswat, M/S R.B. Finance, C-36/122, Sai Tower, NIT-3, Faridabad, R/OH. No.3E/127, NIT-3 (behind Gita Bal Niketan School), Faridabad under section 174-A of IPC. Dated: 29.11.2017 Sagar Sd/- Jitender Kuma....
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.... original number. Complainant is also present in this Court and his presence is marked. At this stage complainant has moved an application to withdraw the present complaint. Complainant has made a statement that he has compromised the matter with the accused. He further states that he does not wants to proceed further with the present complaint and withdraw the same. His statement in this regard recorded separately. Heard. In view of the statement made by the complainant, the present complaint is hereby, dismissed as withdrawn. Accused Nitin is acquitted from the charges leveled against him. Accused Nitin be released from custody, if not required in any other case. File be consigned to record room, after due compliance." On the strength of above arguments, learned counsel for the petitioner has pressed for grant of petition in hand. 4. Learned State counsel has opposed the petition in hand. He, however, does not dispute the fact that the parties have amicably resolved the matter and the main complaint stands dismissed as withdrawn. 5. I have heard learned counsel for the rival parties and have perused the paper-book. 6. The seminal question th....
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.... 174A of the Indian Penal Code at Police Station Sector-5, Panchkula and all other subsequent proceedings arising thereof, are hereby quashed." 5. Same is the view of another Co-ordinate Bench in the "Ashok Madaan v. State of Haryana and another" reported as 2020 (4) RCR (Criminal) 87, wherein it has been held that: "No doubt, the learned counsel for the respondent has vehemently argued that the offence under Section 174A I.P.C. is independent of the main case, therefore, merely because the main case has been dismissed for want of prosecution, the present petition cannot be allowed, however, keeping in view the fact that the present FIR was registered only on account of absence from the proceedings in the main case which had been subsequently regularised by the court while granting bail to the petitioner, the default stood condoned. In such circumstances, continuation of proceedings under Section 174A LP.C. shall be abuse of the process of court. 7. Accordingly, the petition is allowed. FIR No. 446 dated 21.08.2017, registered under Section 174A I.PC. at Police Station Kotwali, District Faridabad, as well as consequential proceedings shall stand quashed."....
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....h a prayer be made and the circumstances of the case so warrant. 8. In conclusion, we hold that Section 174A IPC is an independent, substantive offence, that can continue even if the proclamation under Section 82, Cr.P.C. is extinguished. It is a stand-alone offence. xxxxxxxxx" However, the Hon'ble Supreme Court quashed the impugned FIR (therein) under Section 209 of the BNS (erstwhile Section 174-A of the IPC) since, inter alia, the original offence in the form of criminal complaint under Section 138 of NI Act, 1881 in the said case had been settled and withdrawn by the rival parties. 8. It is for the High Court, while exercising its innate plenary powers under Section 528 of BNSS, 2023/ 428 of Cr.P.C., 1973, to ratiocinate that it should not apply the law in an austere, academic and exacting technical manner, without considering its practical implications. The Law is not merely a set of programmed, nailed-to-the-ground rules, to be applied without context. It must be enforced, while bearing in mind, that its purpose is to ensure substantive justice between the parties. The statutory provision of Section 174-A of IPC, when perused in the light of ratio decidendi of ....
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.... and helplessly see the process of law and Courts being abused for the purposes of injustice. In other words; such power(s) is intrinsic to a High Court, it is its very life-blood, its very essence, its immanent attribute. Without such power(s), a High Court would have form but lack the substance. These powers of a High Court hence deserve to be construed with the widest possible amplitude. These inherent powers are in consonance with the nature of a High Court which ought to be, and has in fact been, invested with power(s) to maintain its authority to prevent the process of law/Courts being obstructed or abused. It is a trite posits of jurisprudence that though laws attempt to deal with all cases that may arise, the infinite variety of circumstances which shape events and the imperfections of language make it impossible to lay down provisions capable of governing every case, which in fact arises. A High Court which exists for the furtherance of justice in an indefatigable manner, should therefore, have unfettered power(s) to deal with situations which, though not expressly provided for by the law, need to be dealt with, to prevent injustice or the abuse of the process of law and C....