Punjab-Haryana High Court
Gurmit Singh Alias Meetu vs State Of Haryana And Others on 18 March, 2024
Neutral Citation No:=2024:PHHC:038458
2024:PHHC:038458
CRM-M-7335-2024 1
284 IN THE HIGH COURT OF PUNJAB AND HARYANA
CHANDIGARH
CRM-M-7335-2024 (O&M)
Date of Decision: 18.03.2024
GURMIT SINGH @ MEETU
...Petitioner
V/S
STATE OF HARYANA AND OTHERS
...Respondents
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Lovepreet Singh, Advocate for
Mr. Sanjeet Kodan, Advocate
for the petitioner.
Mr. Vikas Bhardwaj, AAG Haryana
****
HARPREET SINGH BRAR J. (Oral)
1. This petition has been filed under Section 482 of the Code of
Criminal Procedure seeking quashing of FIR No. 0631 dated 19.12.2017
registered under Sections 148, 149, 323, 452 and 506 of Indian Penal Code
at Police Station Pehowa, District Kurukshetra and all subsequent
proceedings arising therefrom including the order dated 19.04.2019
declaring the petitioner as proclaimed offender, in view of the compromise
dated 20.09.2023 (Annexure P-3).
2. The following order was passed on 12.02.2024:
"The present petition has been filed under
Section 482 Cr.P.C. seeking quashing of FIR No.0631 dated
19.12.2017 under Sections 148/149/323/452/506 of IPC
registered at Police Station Pehowa, District Kurukshetra
(Annexure P-1) and order dated 19.04.2019 declaring the
petitioner as proclaimed offender (Annexure P-2) and all
other subsequent proceedings arising therefrom on the basis
of compromise deed dated 20.09.2023 (Annexure P-3).
Learned counsel for the petitioner inter alia
contends that the petitioner has been declared proclaimed
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offender vide impugned order (Annexure P-2) without
following the procedure prescribed under Section 82 of
Cr.P.C. He relies upon the judgments passed by this Court
in 'Major Singh @ Major Vs. State of Punjab' 2023 (3) RCR
(Criminal) 406; 2023 (2) Law Herald 1506 and 'Sonu Vs.
State of Haryana' 2021 (1) RCR (Crl.) 319.
Notice of motion.
At this stage, on the asking of the Court, Ms.
Geeta Sharma, DAG, Haryana accepts notice on behalf of
respondent No.1-State. Copy of the paper book be supplied
to her during the course of day. Learned counsel for the
petitioner undertakes to secure the presence of respondents
No.2 to 5 before the learned trial Court at the time of
recording the statement.
Service is complete.
Now the parties are directed to appear before the
learned trial Court/Illaqa Magistrate within two weeks from
today or any other date convenient to the trial Court/Illaqa
Magistrate, to get their statements recorded regarding
compromise and after recording their statements, learned
trial Court/Illaqa Magistrate is directed to send report
regarding the genuineness of compromise and also to
intimate whether any PO proceedings are pending against
any of the party on or before the date fixed i.e. 18.03.2024.
In view of the above, the operation of impugned
order dated 19.04.2019 (Annexure P-2) shall remain stayed.
A copy of the order be sent to learned trial
Court/Illaqa Magistrate through fax for compliance."
3. In compliance of the aforesaid order, a report has been received
from the concerned jurisdictional Court that the compromise between the
parties is genuine and arrived at without any pressure or coercion from
anyone.
4. In view of the compromise and the ratio of law laid down by the
Hon'ble Supreme Court in Narinder Singh and others vs. State of Punjab
and another, (2014) 6 SCC 466, Ramgopal and another Vs. State of
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Madhya Pradesh 2021 SCC OnLine SC 834 and Shakuntala Sawhney
(Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench
of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR
(Crl.) 1052, this petition is allowed and FIR No. 0631 dated 19.12.2017
registered under Sections 148, 149, 323, 452 and 506 of Indian Penal Code
at Police Station Pehowa, District Kurukshetra and all subsequent
proceedings arising therefrom including the order dated 19.04.2019
(Annexure P-2) declaring the petitioner as proclaimed offender, are
quashed, qua the petitioner.
(HARPREET SINGH BRAR)
18.03.2024 JUDGE
Ajay Goswami
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2024:PHHC:038458
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