Manjit Singh v. State Of Punjab & ORS.

CRM-M-3540-2015 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-3540-2015 (O&M).

Decided on: February 5, 2015.

Manjit Singh ..... Petitioner(s)

Versus

State of Punjab and others ..... Respondent(s) * * *

CORAM:

HON'BLE MR. JUSTICE M.M.S. BEDI PRESENT Mr.K.S.Chahal, Advocate, for the petitioner.

M.M.S. BEDI, J (ORAL) Petitioner being a proclaimed offender w.e.f. 2005, seeks quashing of FIR on the ground that his co-accused has been acquitted vide order dated 13.6.2008. It appears that the matter was compounded qua the mother but evidence qua the petitioner appears to have been recorded under Section 299 Cr.P.C. While sending the file to the record room it was observed that the record will be summoned as and when petitioner is arrested. The petitioner appears to have filed a petition under Section 438 Cr.P.C. which is pending before a Coordinate Bench of this Court. So far as the quashing is concerned, it appears that offences are compoundable. The petitioner can seek compounding of the offences by appearing before the Illaqua Magistrate but since he was declared a proclaimed offender, it is required that he should first get relief under Section 438 Cr.P.C.

RAJ KUMAR ARORA 2015.02.06 16:12 I attest to the accuracy and integrity of this document

CRM-M-3540-2015 (O&M) This petition is disposed of with a direction that in case the petitioner appears before the Illaqua Magistrate and submits an application for compounding, the same would be allowed subject to final decision in petition filed under Section 438 Cr.P.C. pending before another Bench of this Court.

(M.M.S. BEDI) February 5, 2015.

JUDGE rka