Rajni Jassal v. State Of Punjab

172 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 29.05.2026 RAJNI JASSAL ...PETITIONER V/S STATE OF PUNJAB ...RESPONDENT CORAM: HON'BLE MR. JUSTICE SUBHAS MEHLA

Present:

Mr. Lalit Sharma, Advocate, Mr. Rahul Tomar, Advocate, and Mr. Aman Chauhan, Advocate, for the petitioner. Mr. Anup Singh, AAG, Punjab.

**** SUBHAS MEHLA, J. (ORAL) 1.

Present petition has been filed by the petitioner under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short - 'the BNSS') for quashing of the impugned order dated 05.07.2025 (Annexure P-2) passed by learned Judicial Magistrate Ist Class, Rupnagar, in FIR bearing No.0002 dated 04.01.2024 (Annexure P-1), under Sections 406, 420 and 120-B of the Indian Penal Code, 1860 (for short - 'the IPC'), registered at Police Station Sadar Rupnagar, District Rupnagar, whereby, the petitioner has been declared as proclaimed person, on the basis of compromise dated 03.01.2026 (Annexure P-3).

2.

Learned counsel for the petitioner contended that on 05.07.2025, due to some unavoidable circumstances, the petitioner could not appear before learned trial court. Now, a compromise has been effected between the complainant and the petitioner, which is annexed with the paper-book as

Annexure P-3. Learned counsel submitted that the petitioner is ready to surrender before the learned trial court and prays that the she be not arrested by the police till then.

3.

Notice of motion.

4.

Mr. Anup Singh, AAG, Punjab, who is present in Court, accepted notice on behalf of respondent-State and submitted that he has no objection if the petitioner is ready to join the proceedings before learned trial court. 5.

Heard.

6.

Taking into consideration the facts and circumstances of the case, contentions of learned counsel for the petitioner that a compromise dated 03.01.2026 (Annexure P-3) has been effected between the parties as the offence punishable under Section 420 of the IPC is compoundable with the permission of Court by virtue of Section 320 of Cr.P.C. and there was no mala fide on her part for her absence before learned trial court and the fact that she is ready to join the proceedings before learned trial court she is directed to appear/surrender before learned trial court within six weeks i.e. up to 15.07.2026, by moving an appropriate application before learned trial court by raising all the pleas taken in this petition regarding her non-appearance. On her doing so, learned trial court shall decide her application in accordance with law. Till then, the operation of order dated 05.07.2025 shall remain in abeyance.

7.

Additionally, a cost of Rs.25,000/- is hereby imposed upon the petitioner which is to be deposited with Indian Red Cross Society having Account No.3578152035, IFSC CBIN0280412 Central Bank of India, Sector 17-B, Chandigarh, and a receipt regarding the deposit of cost shall also be

produced at the time of moving the appropriate application before learned trial Court.

8.

It is made clear that if the petitioner fails to appear before learned trial court within stipulated period and produce the receipt regarding deposit of cost, the relief granted by this Court shall be deemed to be withdrawn. 9.

The petition is disposed of in the aforementioned terms. (SUBHAS MEHLA) May 29, 2026 JUDGE Manisha (i) Whether speaking/reasoned Yes/No (ii) Whether reportable Yes/No