Punjab-Haryana High Court
Baljit Singh vs State Of Punjab And Another on 26 August, 2022
Author: Anoop Chitkara
Bench: Anoop Chitkara
CRM-M-21325-2022 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-21325-2022 Reserved on: 23.08.2022 Date of Pronouncement: .08.2022 Baljit Singh ...Petitioner (s) Versus State of Punjab & another ...Respondent(s) CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Rajvir Singh Sihag, Advocate for the petitioner(s), Mr. Virat Rana, AAG, Punjab. ae 2 ak ok ANOOP CHITKARA, J.
FIRNo. | Dated | Police Station Sections '21.6.2013 Civil Lines, 181 District'447/448/427/380/34 IPC 'Amritsar La a Seeking quashing of proclamation order Annexure P-2, dated 22-08-2014, the accused has come up before this court under Section 482 of the Code of Criminal Procedure, 1973 (CrPC).
PUNJAB AND HARYANA HIGH COURT
2. Petitioner was arraigned as an accused in the above captioned matter. On failure to serve the petitioner through the ordinary process, including summons, bailable warrants, and even non-bailable warrants, the concerned court finally proceeded against the petitioner under section 82 of CrPC and declared the petitioner a proclaimed offender vide order dated 22-08-2014, passed by Chief Judicial Magistrate, Amritsar.
3. Vide Annexure P-3, the parties have entered into an out of court et ee compromise, settling all their disputes. in the reply filed by the State, the factum ASHWANI KUMAR 2022.08.26 18:23 , ;
l attest to the accuracy and integrity of this Judicial a Record/Decree/Document, which is scanned copy of the original PUNJAB AND HARYANA HIGH COURT ASHWANI KUMAR 2022.08.26 18:23 CRM-M-21325-2022 2 of compromise is not verified: however, the complainant/aggrieved person Dr. Kuldip Kumar has sent a hand written letter dated 15-06-2022 to this court, wherein he admits the compromise because of the apologies tendered by the petitioner, which the graceful Dr. Kuldip accepted. The said letter is taken on record, 4, The primary object of service is to secure the accused's presence in trial. The petitioner has approached this court on its own, which establishes the bona fide at this stage.
®. Given above, the proclamation dated order dated 22-08-2014, passed by Chief Judicial Magistrate, Amritsar is quashed and set aside subject to the compliance of the following conditions.
6. The petitioner shall surrender before the concerned court within fifteen days from today. On appearance, the concerned court shall release the petitioner on bail on the same day, subject to furnishing bail bonds to its Satisfaction and imposing additional conditions, as it may deem appropriate in the background of the accused's conduct.
7. The petitioner to execute a bond for attendance in the concerned court. On the reverse page of personal bonds, the petitioner shall mention the permanent address, along with the phone number linked with the AADHAR card, the other phone numbers (if any}, and e-mail {if any). In case of any change in the above particulars, the petitioner shall immediately and not later than 30 days from such modification, intimate about the change to the concerned Police Station and the concerned Court.
8. There shall be a stay of the petitioner's arrest in the case mentioned above for fifteen days: If the petitioner appears before the concerned court, then ail warrants issued by the concerned court against the petitioner, in the matter mentioned above shall stand recalled and canceled. it is clarified that if the petitioner fails to appear before the concerned court within time limit mentioned in this order, then this order shall stand recalied automatically under section 362 read with 482 CrPC, without any furtherance reference to this court.
I attest to the accuracy and integrity of this Judicial Record/Decree/Document, which is scanned copy of the original CRM-M-21325-2022 3
9. There would be no need for a certified copy of this order, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. In case the attesting officer wants to verify the authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. Petition partly allowed to the extent mentioned above. Liberty reserved to file petition for quashing of FIR based on compromise. All pending applications, if any, stand disposed.
(ANOOP CHITKARA) ¢ JUDGE August 26, 2022 AK Whether speaking/reasoned: Yes Whether reportable: No, PUNJAB AND HARYANA HIGH COURT ASHWANI KUMAR 2022.08.26 18:23 , ;
l attest to the accuracy and integrity of this Judicial a Record/Decree/Document, which is scanned copy of the original