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High Court of Punjab and HaryanaCRM-M/36236/2022allowed

Vikas Sharma v. State Of Haryana And Another

2022-09-30Mr. Justice Anoop Chitkara2 pages

CRM-M No.36236-2022 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No.36236-2022 Reserved on : 22.09.2022 Pronounced on : 30.09.2022 Vikas Sharma ......Petitioner Vs.

State of Haryana and another ......Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Harminder Singh, Advocate for the petitioner. Mr. Rajat Gautam, DAG, Haryana.

Mr. Jewan Gautam, Advocate for respondent No.2. *** ANOOP CHITKARA J.

FIR No.

Dated Police Station Sections 24.04.2015 Rajendra Park, Gurugram 420, 406, 403, 120-B IPC Seeking quashing of proclamation order dated 02.04.2016 (P-2), passed by the Ld. Judicial Magistrate, Ist Class, Gurgaon, the accused has come up before this court under Section 482 CrPC.

2.

The accused could not be served through the ordinary process, including summons, bailable warrants, and even non-bailable warrants. The concerned court finally proceeded against the petitioner under section 82 of CrPC and declared the petitioner a proclaimed offender vide aforesaid order.

3.

After issuance of proclamation, the matter got settled between the parties. 4.

The petitioner explains that due to a misunderstanding of dates between him and his counsel, he could not appear. In the case's factual background, I am satisfied with the explanation offered. The primary matter stands compromised; there is no justification for continuing the proceedings. Consequently, in the facts and circumstances peculiar to this case the petition is allowed, the above captioned impugned order dated 02.04.2016 (Annexure P2) is quashed. All pending warrants stand canceled, and further proceedings quashed. ANJU RANI 2022.10.01 15:57 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH

CRM-M No.36236-2022 --2-- Petition allowed. All pending applications, if any, stand closed. (ANOOP CHITKARA) JUDGE 30.09.2022 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2022.10.01 15:57 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH