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High Court of Punjab and HaryanaCRM-M/25213/2024allowed

Nishtha Malhotra v. State Of Ut Chandigarh And Another

2024-07-31Mr. Justice Sumeet Goel2 pages

CRM-M-25213 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 208A CRM-M-25213 of 2024 DATE OF DECISION :- 31.07.2024 Nishtha Malhotra

...Petitioner

Versus

State of Union Territory, Chandigarh and another ...Respondents

CORAM:

HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Sunil Narang, Advocate for the petitioner. Mr. P.S. Paul, Addl. P.P., U.T., Chandigarh.

Mr. Satyaveer Singh, Advocate with Mr. Abhydaya, Advocate for respondent No. 2. *** SUMEET GOEL , J.

(Oral) On 20.05.2024, the following order was passed :- "Learned counsel for the petitioner inter alia contends that the order dated 05.10.2019 declaring the petitioner as a proclaimed offender has been passed in derogation of the mandatory provisions of law as contained in Section 82 of Cr.P.C., 1973 and now a settlement has also been arrived at between the complainant-wife and the brother of the petitioner (husband of the complainant-wife).

Notice of motion for 27.05.2024.

On asking of the Court, Mr. P.S. Paul, Addl. P.P. for U.T. Chandigarh accepts notice on behalf of respondent No. 1. Mr. Satyaveer Singh, Advocate and Mr. Ashish Pundir, Advocate accept notice on behalf of respondent No. 2. Operation of the impugned order is stayed till the next date of hearing." PARVINDER SINGH 2024.07.31 18:29 I attest to the accuracy and integrity of this document chandigarh

CRM-M-25213 of 2024 Vide order passed of even date i.e. 31.07.2024 passed in CRMM-25057 of 2024, the FIR in question stands quashed on the basis of compromise having been entered into between the parties. Keeping in view the entirety of facts and circumstances of the case, the impugned order dated 05.10.2019 declaring the petitioner as a proclaimed offender deserves to be quashed.

Ordered accordingly.

(SUMEET GOEL) JUDGE 31.07.2024 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2024.07.31 18:29 I attest to the accuracy and integrity of this document chandigarh