Jaskaran Singh @ Kalu @ Jaskaranjit Singh v. State Of Punjab And Others

  

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-7416-2024 (O&M) Date of Decision: 28.11.2024 Jaskaran Singh @ Kalu @ Jaskaranjit Singh ....Petitioner

Versus

State of Punjab and others ....Respondents CORAM:HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. L.S. Mann, Advocate for the petitioner.

Mr. Jasjit Singh, DAG, Punjab.

Mr. Ashish Pandey, Advocate for respondents No.2 & 3.

***** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 26.05.2011 Nakodar, Distt.

323, 324, 506, 34 IPC (later Sections 452 Jalandhar City & 34 IPC deleted) Seeking quashing of the above captioned FIR on the basis of compromise and subsequent proceedings including the order dated 09.07.2013 vide which petitioner was declared proclaimed offender, petitioner has come up before this Court by filing the present petition under Section 482 CrPC.

2.

Vide order dated 28.02.2024, Coordinate Bench of this Court had directed the petitioner to deposit Rs.1,00,000/- with the Punjab and Haryana High Court Employees Welfare Association.

3.

Petitioner's counsel submits that in compliance to the order dated 28.02.2024, amount of Rs. One lac has been deposited and he seeks some time to appear before the trial Court in terms of the above said order. He further submits that offences are bailable. 4.

Petitioner is a proclaimed person and at the same time, he is seeking quashing of FIR also based on compromise. Two prayers are not permissible as the petition qua quashing of ANJU RANI 2024.11.29 18:25 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh

  FIR is not maintainable untill petitioner surrender before the majesty of Court. Keeping in view the facts that petitioner was earlier on bail and he also deposited one lac rupees which show his bona fide, so this Court thinks appropriate to give limited relief to the petitioner. 5.

Given above, petitioner is permitted to surrender before the trial Court on or before 30.01.2025, if petitioner surrenders and file bail application, concerned Court shall release the petitioner on bail, as he was earlier on bail. Till that date i.e. 31.01.2025, proclamation orders, any warrant pursuant to that, and LOC shall remain stayed and if the petitioner fails to appear till 31.01.2025, this order shall stand recalled automatically without any reference to this Court. However, it is clarified that if the petitioner does not get viza, on that ground he shall be permitted to file application for extension of time by submitting requisite documents applying for viza.

6.

Petition is disposed of with the aforesaid observation. Liberty reserved to the petitioner to file fresh petition for quashing of FIR based on compromise and filing of present petition shall not come in his way. Petitioner is also permitted to file petition for quashing of FIR, if any, registered pursuant to proclamation order under Section 174-A IPC. Pending applications, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE 28.11.2024 anju rani Whether speaking/reasoned Yes Whether reportable?

No ANJU RANI 2024.11.29 18:25 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh