Punjab-Haryana High Court
Mandeep Singh & Others vs State Of Punjab on 18 November, 2025
CRM-M-64741-2025 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
129
CRM-M-64741-2025 (O&M)
Date of decision: 18.11.2025
Mandeep Singh and Others
....Petitioners
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Yajur Sharma, Advocate for the petitioners
*****
AMAN CHAUDHARY, J. (ORAL)
1. Prayer made in the present petition for quashing the impugned order
dated 27.10.2025, vide which the petitioners were declared as proclaimed person
in a complaint case bearing No.COMI/10/2021 dated 25.01.2021 titled as Ranjit
Singh vs. Mandeep Singh and Others, under Sections 307, 326, 323, 324, 452, 148
and 149 IPC and Sections 25, 27 of Arms Act at Police Station Ajnala, District
Amritsar.
2. Learned counsel submits that in the FIR No.169 dated
27.09.2019 registered against the petitioners, a cancellation report had
been submitted on 12.12.2020, whereafter, the Court expressing its disagreement
to the same, had remanded the matter for fresh investigation vide order
dated 10.07.2021. However, they were never called upon by the
investigating agency. Feeling aggrieved by the same, complainant had
filed a private complaint, wherein they were summoned vide order dated
05.06.2024, however, they were under the bona fide impression that the
cancellation report had already been presented, there was no requirement of them
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to be present before the learned Court. Consequently, they were declared
proclaimed person vide order dated 27.10.2025, Annexure P-9. The matter has
since been compromised vide deed dated 26.09.2025, Annexure P-10, whereupon,
even a petition bearing No.CRM-M-59134-2025, Annexure P-11 for quashing of
the FIR by way of compromise has also been filed, which is now listed on
10.12.2025. They are ready and willing to join the proceedings and prays that one
last opportunity may be granted to them to surrender before the trial Court. To
buttress his submission, reliance is placed on the judgments of this Court in
Gurbir Singh Mundi vs. State of Punjab and another CRM-M-49283-2021,
decided on 16.12.2021.
3. Notice of motion.
4. At the asking of the Court, Mr. Manipal Singh Atwal, DAG Punjab
accepts notice on behalf of respondent-State and submits that the order passed
against the petitioners is legal and valid on account of the fact that they had
absented from the proceedings before the trial Court without any just cause.
5. No order prejudicial to the rights of the private respondent is being
proposed to be passed by this Court and in view of the factum of compromise
having been arrived at between them, there is no requirement of impleading him
as party.
6. Heard.
7. In the case of Gurbir Singh Mundi (supra), it was held that
provisions of Section 82(2) Cr.PC. are to be mandatorily complied with
cumulatively and not alternatively. The Court had quashed the order declaring the
petitioner therein as proclaimed person on the ground that declaration was not read
publicly in some conspicuous place of town or village, in which the accused
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ordinarily resides.
8. The very purpose of initiation of proclamation proceedings, is to
compel and secure the presence of the accused to face trial and establish the rule
of law, as also to ensure finalization of the proceedings.
9. Considering the fact that the absence of the petitioners were not
wilful or deliberate and their readiness and willingness to surrender and join the
proceedings, in case one opportunity is granted to the petitioners, no prejudice
shall be caused to any of the parties, rather his joining the proceedings would help
in expediting the trial. This Court in light of the judgment referred to above being
applicable to the instant case, finds that the ends of justice would be adequately
met if the present petition is allowed.
10. In view of the afore-mentioned judgments and the facts and
circumstances of the case, the impugned order dated 27.10.2025, Annexure P-9, is
set aside, subject to surrender by the petitioners before the trial Court on or before
03.12.2025 and subject to payment of costs of Rs.5,000/- each to be deposited
with Nofal Ek Umeed Charitable Trust having its Account
No.0579073000000156, IFSC Code-IFSCSIBL0000579, Bank-The South India
Bank Limited, Chandigarh. On furnishing bail/surety bonds, the trial Court shall
release them on bail subject to its satisfaction. They are also directed to furnish
undertaking/s by way of affidavit/s that they will appear on each and every date of
hearing before the trial Court, unless specifically exempted by the Court. They
shall not leave the country without prior permission of the Court. The trial Court
may impose any other condition that it may deem appropriate in the facts and
circumstances of the present case.
11. The petition is disposed of.
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12. Before parting with this order, it is made abundantly clear that in case
the petitioners do not adhere to the aforesaid, the present petition shall be deemed
to have been dismissed without any reference to this Court.
(AMAN CHAUDHARY)
JUDGE
18.11.2025
M.Kamra
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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