JIWAN SINGH SHERGILL AND OTHERS v. STATE OF PUNJAB
CRM-M/61676/2023 · 2026-09-02
Jasjit Singh Bedi
body2023
DailyLaw.ai
[ 2023 DAILYLAW 6321 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 6321 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 282 CRM-M-61676-2023 Date of Decision:- 02.09.2026 JIWAN SINGH SHERGILL AND OTHERS ......PETITIONERS VS.
STATE OF PUNJAB .....RESPONDENT
CORAM:-HON'BLE MR. JUSTICE
JASJIT SINGH BEDI
Present: Mr. Rahul Garg, Advocate for the petitioner. Mr. Kuljinder Singh Dhindsa, AAG, Punjab. **** JASJIT SINGH BEDI
, J.(ORAL
)
1. The prayer in the present petition under Section 482 of Cr.P.C. is for quashing of the order dated 27.09.2017 (Annexure P-4) vide which the petitioners have been declared proclaimed offenders in case FIR No.10 dated 16.02.2017 (Annexure P-1) under Section 36(1) of Punjab Apartment Property Regulations Act, 1995 and Section 420 of IPC registered at Police Station Mukandpur, District Nawanshahr,. Further prayer has been made for compounding of FIR No.10 dated 16.02.2017, in view of the order dated 12.11.2022 (Annexure P-5) passed by the Judicial Magistate Ist Class-cum-President, National Lok Adalat, SBS Nagar. 2. The learned counsel for the petitioner contends that the petitioners are the original owners of the land, who had given a power of attorney to one Bahadur Ram. The FIR in question had been registered against the petitioners and Bahadur Ram. Pursuant to the filing of the KUSUM 2026.09.03 17:26 I attest to the accuracy and integrity of this document PHHC Chandigarh
CRM-M-61676-2023 -2- challan, the matter was compounded and Bahadur Ram has been acquitted vide judgment dated 12.11.2022 (Annexure P-5) passed by Judicial Magistate Ist Class-cum-President, National Lok Adalat, SBS Nagar. As the petitioners are British citizens and the actual owners of the land, the order declaring them proclaimed offenders and the FIR in question be quashed. 2. The learned State counsel, on the other hand, contends that the petitioners and their co-accused, namely Bahadur Ram, were accused in FIR No.10 dated 16.02.2017 under Section 36(1) of Punjab Apartment Property Regulations Act, 1995 and Section 420 of IPC, and the petitioners were declared proclaimed offenders. Bahadur Ram had paid the compounding fee, and on the offence being compounded, he has been acquitted. The petitioners are not entitled to any relief in view of their conduct. He, however, concedes that the case of the petitioners is on an identical footing. 3. I have heard learned counsel for the parties. 4. Admittedly, the FIR stands compounded qua a co-accused, Bahadur Ram, who is a power of attorney holder of the petitioners, who are the actual owners of the land. The petitioners were residing in the U.K., when they were declared proclaimed offenders. The matter stands compounded qua Bahadur Ram.
As such, no useful purpose would be served by allowing the proceedings emanating out of FIR No.10 dated 16.02.2017 (Annexure P-1) to continue qua the petitioners. 5. In view of the above, FIR No.10 dated 16.02.2017 (Annexure P-1) under Section 36(1) of Punjab Apartment Property Regulations Act, 1995 and Section 420 of IPC registered at Police Station KUSUM 2026.09.03 17:26 I attest to the accuracy and integrity of this document PHHC Chandigarh
CRM-M-61676-2023 -3- Mukandpur, District Nawanshahr, and all other consequential proceedings arising therefrom, including the order dated 27.09.2017 (Annexure P-4), vide which the petitioners were declared proclaimed offenders, stand quashed. 6. All the pending miscellaneous applications, if any, stand
disposed of.
(JASJIT SINGH BEDI) 02.09.2026 JUDGE Kusum Whether speaking/reasoned Yes/No Whether reportable Yes/No KUSUM 2026.09.03 17:26 I attest to the accuracy and integrity of this document PHHC Chandigarh