Kuldeep Singh vs State Of Punjab And Others
2023 Latest Caselaw 13887 P&H

                                                       Neutral Citation No:=2023:PHHC:110517




CRM-M-19067-2023                                       2023:PHHC:110517

277                                                                              -1-

         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                     CRM-M-19067-2023
                                     Date of Decision :- 23.08.2023

Kuldeep Singh
                                                                 .......Petitioner
                    Versus

State of Punjab and others

                                                              .......Respondents

CORAM:- HON'BLE MR. JUSTICE SUVIR SEHGAL


Present: Mr.N.S. Sodhi, Advocate
         for the petitioner.

          Mr.Anup Singh, AAG, Punjab.


                    ****

SUVIR SEHGAL, J. (ORAL)

1. Instant petition has been filed under Section 482 Cr.P.C. with

two-fold prayers. Petitioner has firstly prayed for quashing of FIR No.50

dated 18.04.2011, under Sections 427/279/304-A IPC, registered at Police

Station Ghall Khurd, District Ferozepur, Annexure P1 on the basis of

compromise dated 28.03.2023, Annexure P5 and affidavit Annexure P6

executed by the complainant. The second prayer made in the petition is for

quashing of order dated 20.02.2015, Annexure P2 whereby the petitioner

has been declared as a proclaimed person.

2. In view of the judgment rendered by a Division Bench of this

Court in Baldev Singh Versus State of Punjab and another, 2016(3) Law

Herald 2020, petition seeking quashing of FIR lodged under Section 304-

1 of 2

Neutral Citation No:=2023:PHHC:110517

CRM-M-19067-2023 2023:PHHC:110517

277 -2-

A, IPC on the basis of compromise, cannot be entertained.

3. Counsel for the petitioner submits that he does not press the

petition insofar as the first prayer is concerned at this stage.

4. Petition is dismissed as not pressed qua the first prayer at

this stage.

5. In so far as the second prayer is concerned, counsel for the

petitioner submits that in compliance of order dated 02.05.2023, petitioner

has surrendered before the trial Court, joined the proceedings and is

regularly appearing before the trial Court.

6. Heard counsel for the parties.

7. The intention behind incorporation of Section 82 in the Code of

Criminal Procedure, 1973 is to secure the presence of the accused. Once

the accused has surrendered and joined the proceedings, he can no longer

be described as an absconder and the order declaring him as a proclaimed

person deserves to be set aside.

8. In view of the above, impugned order dated 20.02.2015,

Annexure P3, is set aside.

9. Petition is disposed of.

23.08.2023                                            (SUVIR SEHGAL)
Brij                                                     JUDGE

Whether reasoned/speaking                     :       Yes/No
Whether reportable                            :       Yes/No

Neutral Citation No:=2023:PHHC:110517

2 of 2