Balihar Singh And Others v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DECIDED ON: 27.11.2025 BALIHAR SINGH AND OTHERS .....PETITIONERS

VERSUS

STATE OF HARYANA AND ANOTHER .....RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH.

Present:

Mr. Sudhir Rana, Advocate, for the petitioners. Mr. Kanwar Sanjiv Kumar, AAG, Haryana.

SANJAY VASHISTH , J (ORAL) 1.

Present petition has been filed by the petitioners, for quashing of the order dated 28.07.2020 (Annexure P-2), passed in FIR No.366 dated 15.08.2019, under Sections 406 and 420 of IPC, registered at Police Station Thanesar Sadar, District Kurukshetra, whereby the petitioners were declared proclaimed person.

2.

After hearing counsel for the petitioners, notice was issued to the respondents on 02.03.2023, and thereafter, on 08.12.2023, prayer qua petitioner No.1 was dismissed as having been not pressed. 3.

Subsequently, on 20.12.2023, petitioner Nos.2 and 3 were directed to join the proceedings and then to be released on regular bail. For reference, order dated 20.12.2023 passed in CRM-50982-2023, is reproduced here under:- "CRM-50982-2023 Although, prayer in the application is for preponement of the hearing of the main petition,

-2which is listed on 01.02.2024, but by referring to the xerox copy of passport, Annexure A-1, counsel for the applicant/petitioner No.2 and 3 submits that petitioner No.2 was abroad, when the FIR was registered and the impugned order dated 28.07.2020, Annexure P-2, was passed declaring him as a Proclaimed Person. Counsel urges that as no attempt was made to serve the petitioner through the Ministry of External Affairs, the impugned order cannot be sustained. He submits that the dispute has been settled with the complainant and petitioners No.2 is prepared to join the proceedings. Still further, he submits that insofar as petitioner No.3 is concerned, after being declared as a Proclaimed Person he was arrested and has been released on regular bail by order dat 09.11.2020, Annexure P-3. Let petitioner No.

2 surrender before the Trial Court within a period of 03 weeks from today and join the proceedings. On doing so and moving an appropriate application for grant of regular bail, Trial Court shall make an endeavour and dispose of the application on the day it is filed. This will be subject to deposit of cost of Rs.50,000/- with the Poor Patient Welfare Fund, PGIMER, Sector 12, Chandigarh, which shall be a pre-condition to the consideration of the application for release on bail.

The receipt of deposit of cost shall be furnished by petitioner No.2 before the Trial Court.

Application is disposed of."

4.

On 24.07.2024, factum of amicable settlement between the parties was informed, and thereupon, following order was passed in the main case i.e. CRM-M-10729-2023, by this Court:- "Main case Learned counsel for the petitioner Nos.2 and 3 submits that petitioner Nos.2 and 3 have paid the amount of settlement to the complainant and now petitioner No.2 had surrendered before the trial Court on 09.01.2024 and he was admitted to the regular bail vide order dated 09.01.2024. Copy of the said order has also been placed on the record.

As regard petitioner No.3, he has also been granted regular bail. Learned State counsel seeks time to file the reply.

On his request, adjourned to 23.09.2024.

Reply be filed by the State with advance copy to the counsel opposite."

-35.

Today, on the very outset, counsel for the petitioners submits that on account of the final settlement/compromise between the parties, i.e. petitioners and respondent No.2, he be allowed to withdraw the present petition.

6.

In view of the statement made by counsel for the petitioners, present petition stands dismissed as having been withdrawn. (SANJAY VASHISTH) 27.11.2025 JUDGE Lavisha Whether speaking/reasoned Yes/No Whether reportable Yes/No