Ajay Dhanda v. State Of Haryana And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 01.05.2026 Ajay Dhanda .....Petitioner versus State of Haryana and another ..... Respondents CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ *** Present :- Mr. Manan Kheterpal, Advocate for the petitioner.

*** RAJESH BHARDWAJ , J. (Oral) 1.

Prayer in the present petition is for quashing of order dated 19.08.2025 passed by learned Chief Judicial Magistrate, Kaithal, whereby the petitioner has been declared as Proclaimed Person, along with consequential proceedings including actions under Section 83, arising out of FIR No.453 dated 24.08.2022, under Sections 323, 324, 34 of IPC, registered at Police Station Kaithal City, District Kaithal. 2.

It has been contended by counsel for the petitioner that the petitioner is a student who went abroad for studying and in his absence, he was declared as proclaimed person. He has submitted that even otherwise, both the sides have amicably resolved their outstanding issues and the petition for quashing on the basis of compromise, has already been filed. He, thus, has submitted that the order dated 19.08.2025 passed by learned Chief Judicial Magistrate, Kaithal, declaring the petitioner as proclaimed

person, is liable to be set aside.

3.

Notice of motion.

4.

Mr. Tanuj Sharma, AAG, Haryana accepts notice on behalf of the State. Mr. Madhav Sharma, Advocate accepts notice on behalf of the complainant and has affirmed the submissions made by counsel for the petitioner that the matter has already been compromised. He has further submitted that he has no objection if the present petition is allowed and the order declaring the petitioner as proclaimed person is set aside. 5.

After hearing learned counsel for the parties and perusing the record, it is apparent that during the trial, the petitioner remained absent and was ultimately, declared as proclaimed person vide order dated 19.08.2025. As contended that the matter has been settled between the parties, no useful purpose will be served by keeping the order dated 19.08.2025 alive and sending the petitioner to face the consequences of the said order especially when the complainant has no grudge against the petitioner and has no objection if the present petition is allowed. Keeping in view the above facts, this Court deems it appropriate to quash the order dated 19.08.2025 passed by the learned Chief Judicial Magistrate, Kaithal subject to payment of Rs.

10,000/- as costs to be paid to Society for the Care of Blind, Sector-26, Chandigarh within a period of 07 days from the date of receipt of certified copy of this order. In case the petitioner appears before the trial Court and files appropriate application along with receipt of costs before the trial Court within a period of 10 days from the date of receipt of certified copy of this order, the trial Court will admit him to bail subject to its satisfaction during the pendency of trial and proceed with the trial as per law.

arrest for a period of 10 days from the date of receipt of certified copy of this order.

6.

Needless to say that in case the petitioner fails to comply with the abovesaid direction, he will have no benefit of this order and the order under challenge would stand automatically revived and the present petition shall be deemed to have been dismissed. 7.

Disposed of in above terms.

01.05.2026 ( RAJESH BHARDWAJ ) m. sharma JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No