IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-2236 of 2011 Date of Decision:31.5.2011 Dr. Deo Dutta Sharma .... Petitioner Versus State of Haryana .... Respondent CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. Vikas Arora, Advocate for the petitioner. Mr. Sidharth Sarup, D.A.G. Haryana. **** 1.Whether Reporters of Local Newspapers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? NIRMALJIT KAUR, J.(Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing of order dated 12.2.2007 and subsequent FIR No.101/10 under Section 174-A IPC Police Station Central Faridabad. The FIR in question was registered against the petitioner on account of his being PO in FIR No.353 of 1995. The petitioner had earlier filed Criminal Miss. No.13347-M of 1995 for quashing of FIR No.353/95. This Court was pleased to stay the proceedings before the trial Court vide order dated 7.8.1995. Meanwhile, the said petition was dismissed in default. The petitioner was not aware of the order passed by this Court. As such, he did not appear before the trial Court. As and when, the petitioner came to know about the said order, he put in appearance before the trial Court. Meanwhile, the complainant, who lodged FIR No.353/95 had expired and the prosecution failed to produce material witnesses. Ultimately vide Judgment and order dated 12.10.2010, learned trial Court acquitted the petitioner in case FIR No.353/1995. The facts are not disputed. Although the petitioner stands acquitted in the main FIR but in pursuance to the proclamation, FIR No.101/10 was registered CRM M-2236 of 2011 -2- under Section 174-A IPC at Police Station Central Faridabad on account of his having been proclaimed offender. It is stated by the learned counsel for the petitioner that the petitioner was never served. Since, the earlier petition i.e. Crl. M. No.13347-M of 1995 filed by the petitioner for quashing of FIR No.353/95 wherein the stay was operating, had been dismissed in default, he was not aware about the same. As such, he could not appear before the trial Court. The act of the petitioner is neither deliberate nor intentional but due to complete unawareness about the developments in the proceedings and he was made to believe that earlier petition i.e. Crl. M. No.13347-M of 1995 filed by him was quashed. The petitioner stands acquitted in the main FIR. He has also surrendered before the trial Court in the present FIR under section 174-A IPC and has been released on bail. As such, pendency of the present FIR will not serve any useful purpose and continuation of such proceedings is nothing but misuse of the process of law. Accordingly, the present petition is allowed and order dated 12.2.2007 and subsequent FIR No.101/10 under Section 174- A IPC Police Station Central Faridabad and all subsequent proceedings arising therefrom are hereby quashed. 31.5.2011 ( NIRMALJIT KAUR ) rajeev JUDGE