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High Court of Punjab and HaryanaCRM-M/21476/2025disposed of

Mandeep Kaur @ Sandeep v. State Of Punjab And ANR

2025-07-29Mr. Justice Sandeep Moudgil2 pages

CRM-M-21476-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-21476-2025 (O&M) Decided on : 29.07.2025 MANDEEP KAUR @ SANDEEP .....PETITIONER

VERSUS

STATE OF PUNJAB AND ANR.

.....RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:

Mr. Kulwant Singh Dhanora, Advocate for the petitioner.

Mr. J.S.Rattu, DAG, Punjab.

**** SANDEEP MOUDGIL, J (ORAL) CRM-19768-2025 Prayer in the application filed under Section 528 BNSS, 2023 is for placing on record Annexure P-12.

Application is allowed as prayed for and Annexure P-12 is taken on record subject to all just exceptions.

CRM-M-21476-2025 1.

The jurisdiction of this Court has been invoked under Section 528 BNSS praying for quashing of the order dated 18.03.2023 (Annexure P-10) passed by SDJM, Ist Class, Phillaur, District Jalandhar in case FIR No.140 dated 24.05.2018 under Sections 384/451/149/506/411 IPC registered at Police Station Phillaur, District Jalandhar. 2.

Learned counsel for the petitioner submits that after registration of FIR, due to Covid-19, in the absence of petitioner, challan was presented in the Court of SDJM, Phillaur and thereafter case was continuously adjourned till 10.08.2021. Learned counsel further submits that no notice had been received by the petitioner and was not aware about the Court SONIA BURA 2025.08.01 14:08 I attest to the accuracy and integrity of this document

CRM-M-21476-2025 proceedings. It is submitted that the petitioner's non-appearance was neither intentional nor willful. Learned counsel for the petitioner undertakes that the petitioner would join the trial proceedings within ten days. 3.

Notice of motion.

4.

Learned State counsel accepts notice on behalf of respondentState and not averse to the undertaking given on behalf of the petitioner. 5.

Without addressing the merits of the case or the legality of the order, as the same has not been contested by the learned counsel for the petitioner, who has voluntarily agreed to join the proceedings before the trial court and to pay a penalty of Rs. 20,000/- to the Punjab & Haryana High Court Bar Clerks Association for causing unwarranted delay in the trial proceedings, the order dated 18.03.2023 (Annexure P-10) is hereby set aside. However, the aforesaid order would be subject to fulfillment of undertaking given before this Court on behalf of the petitioner that she will surrender within a period of 10 days. In case, if any application seeking regular bail is moved by the petitioner, the same be considered by the Court below preferably on that very day in accordance with law. The amount so deposited by the petitioner shall not be construed as cost for this order but penalty for stalling the court proceedings by evading herself from trial for a long time.

6.

The petition stands disposed off in the aforesaid terms. 29.07.2025 (SANDEEP MOUDGIL) sonia JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SONIA BURA 2025.08.01 14:08 I attest to the accuracy and integrity of this document