Punjab-Haryana High Court
Surinder Singh vs State Of Haryana And Another on 24 January, 2024
2024:PHHC:009399
118
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Misc. No. M-3480 of 2024
Date of Decision: January 24, 2024
Surinder Singh
bese Petitioner
versus
State of Haryana and another
bese Respondents
CORAM: HON'BLE MR.JUSTICE HARPREET SINGH BRAR
kK
Present:- © Mr. Govind Chauhan, Advocate
for the petitioner
2k
Harpreet Singh Brar, J. (Oral)
1. The petitioner has approached this Court under Section 482 Cr.P.C.
seeking quashing of impugned order dated 06.04.2019 (Annexure P-6) passed by
learned Judicial Magistrate 1* Class, Karnal declaring the petitioner as
proclaimed person alongwith all proceedings arising therefrom qua the petitioner
in case FIR No. 162 dated 21.05.2016 registered under Sections 148, 149, 323,
452, 506 IPC (Section 325 IPC added later on) at Police Station Nissing, District
Karnal (Annexure P-1) in view of the compromise dated 06.01.2024 (Annexure
P-7)
2. Learned counsel for the petitioner inter alia contends that after
registration of the FIR the matter was compromised between the complainant
and the accused on 15.04.2018 and on the basis of compromise the co-accused
filed CRM-M-17165-2018 and this Court vide order dated 21.08.2018
(Annexure P-4) quashed the FIR (supra). The petitioner remained under
impression that the compromise has been effected and the FIR has already
been quashed. Recently, the petitioner learnt that vide order dated 06.04.2019
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(Annexure P-6) he has been declared as proclaimed person. The petitioner was
never served before declaring him as proclaimed person. Learned trial Court
has not followed the procedure as prescribed under Section 82 Cr.P.C. before
passing the impugned order. Now the parties have again effected fresh
compromise dated 06.01.2024 (Annexure P-7). He further submits that in view
of the compromise the impugned order dated 06.04.2019 (Annexure P-6) may be
set aside.
3. Notice of motion.
4. Mr. Subhash Godara, Addl. A.G. Punjab accepts notice on behalf of
the respondent-State.
5. Mr. Vishal Pundir, Advocate appears on behalf of respondent No. 2
and files his Vakalatnama and submits that he has no objection in case the
impugned order dated 06.04.2019 (Annexure P-6) is set aside on the basis of
compromise.
6. I have heard learned counsel for the petitioner and perused the
record of the case with their able assistance.
7. While the scheme of criminal justice system necessitates curtailment
of personal liberty to some extent, it is of the utmost importance that the same is
done in line with the procedure established by law to maintain a healthy balance
between personal liberty of the individual-accused and interests of the society in
promoting law and order. Such procedure must be compatible with Article 21 of
the Constitution of India i.e. it must be fair, just and not suffer from the vice of
arbitrariness or unreasonableness.
8. This Court in the judgment passed in Major Singh @ Major Vs.
State of Punjab 2023 (3) RCR (Criminal) 406; 2023 (2) Law Herald 1506 has
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held that the Court is first required to record its satisfaction before issuance of
process under Section 82 Cr.P.C. and non-recording of the satisfaction itself
makes such order suffering from incurable illegality. In the judgment passed by
this Court in Sonu vs. State of Haryana 2021 (1) RCR (Cri.) 319, it has been
held that the conditions specified in Section 82 (2) Cr.P.C. for the publication of
a proclamation against an absconder are mandatory in nature. Any non-
compliance therewith cannot be cured as an 'irregularity' and renders the
proclamation as nullity.
9. In view of the aforesaid facts and circumstances, the present petition
is allowed and the impugned order dated 06.04.2019 (Annexure P-6) vide which
the petitioner was declared proclaimed person is hereby set aside subject to
payment of costs of Rs. 10,000/- to be deposited with the District Legal Services
Authority, Karnal, for wasting precious time of the Court within a period of one
month from the date of receipt of certified copy of this order and the receipt
thereof be filed in the trial Court.
(HARPREET SINGH BRAR)
JUDGE
January 24, 2024
PEON
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
