CRM-M-52477 IN THE HIGH COURT OF PUNJAB & HARYANA AT 122 Ravinder Kaur State of Punjab CORAM: HON Present : AMAN CHAUDHARY, J. (ORAL) 1. Cr.P.C. for quash by learned Punjab vs. Maninder Kumar’ of Punjab Travel Professionals (Regulatio petitioner was declared 2. against the petitioner, anticipatory bail was granted, vide order dated 20.07.2022 and the complainants namely Manjit Singh is not traceable even uptill this stage as stated in para 5 and only Deepak Gupta is pursuing the FIR. Challan was presented and vide orders dated 17.08.2024 & 17.12.2024, proceedings who happens to be housewife to the presentation of challan till the passing of the compromise having been arrived at on granted, for th stated to be suffering from acute 52477-2025 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision Ravinder Kaur Versus Punjab CORAM: HON’BLE MR. JUSTICE AMAN CHAUDHARY None appears due to letter circulated by the Bar Association AMAN CHAUDHARY, J. (ORAL) Prayer made in the present petition filed under Section for quashing the orders dated 17.08.2024 and 17.12.2024 by learned JMIC, Phagwara, in case CHI Punjab vs. Maninder Kumar’, under Section of Punjab Travel Professionals (Regulatio petitioner was declared as proclaimed person It transpires from the present petition that in FIR registered against the petitioner, anticipatory bail was granted, vide order dated 20.07.2022 and thereafter, parties had settled the dispute, however, one of the complainants namely Manjit Singh is not traceable even uptill this stage as stated in para 5 and only Deepak Gupta is pursuing the FIR. Challan was presented and vide orders dated 17.08.2024 & 17.12.2024, proceedings under Section 82 Cr.P.C. were initiated, who happens to be housewife, was not having any knowledge with regard to the presentation of challan till the passing of the compromise having been arrived at on granted, for these bona fide reasons, did not cause appearance. She is stated to be suffering from acute acid reflux, concretion in one of her -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-52477-2025 (O & M) Date of decision: 18.09.2025 ....Petitioner ...Respondent BLE MR. JUSTICE AMAN CHAUDHARY appears due to letter circulated by the Bar Association. Prayer made in the present petition filed under Section 482 orders dated 17.08.2024 and 17.12.2024 passed CHI-256-2023, titled as ‘State of , under Sections 406/420 IPC and Section 13 of Punjab Travel Professionals (Regulation) Act, 2014, vide which the as proclaimed person. It transpires from the present petition that in FIR registered against the petitioner, anticipatory bail was granted, vide order dated ttled the dispute, however, one of the complainants namely Manjit Singh is not traceable even uptill this stage as stated in para 5 and only Deepak Gupta is pursuing the FIR. Challan was presented and vide orders dated 17.08.2024 & 17.12.2024, were initiated, however, petitioner was not having any knowledge with regard to the presentation of challan till the passing of the impugned orders and compromise having been arrived at on 23.09.2024, anticipatory bail did not cause appearance. She is acid reflux, concretion in one of her ASHOK KUMAR 2025.09.19 16:42 I attest to the accuracy and integrity of this document -2- CRM-M-52477-2025 kidney & spondylitis etc. Her absence is neither wilful nor deliberate as there were talks of compromise going on at that time, she did not appear which led to her being as proclaimed person. 3. In the case of Gurbir Singh Mundi (supra), it was held that provisions of Section 82(2) Cr.PC. are to be mandatorily complied with cumulatively and not alternatively. The Court had quashed the order declaring the petitioner therein as proclaimed person on the ground that declaration was not read publicly in some conspicuous place of town or village, in which the accused ordinarily resides. 4. Perused. 5. The very purpose of initiation of proclamation proceedings, is to compel and secure the presence of the accused to face trial and establish the rule of law, as also to ensure finalization of the proceedings. 6. Adverting to the facts of the present case, the reasons for non-appearance of the petitioner that led to the passing of the impugned orders, appear to be justified. At times, the accused can be prevented by sufficient reasons to put an appearance before the Court and such an absence cannot necessarily be construed as deliberate and wilful. 7. Considering the fact that the absence of the petitioner was not wilful or deliberate, in case one opportunity is granted to the petitioner, no prejudice shall be caused to any of the parties, rather her joining the proceedings would help in expediting the trial. This Court in light of the judgment referred to above being applicable to the instant case, finds that the ends of justice would be adequately met if the present petition is allowed. 8. In view of the afore-mentioned judgment and the facts and circumstances of the case, the impugned orders dated 17.08.2024 and 17.12.2024, Annexures P-4 & P-5, are set aside, subject to surrender by the petitioner before the trial Court on or before 30.09.2025 and payment of costs of Rs.10,000/- to be deposited with All India Pingalwara Charitable Society (Regd.), Amritsar, A/c No.01562010003720, Punjab National Bank, Mewa Mandi, Amritsar-143001, IFS Code- ASHOK KUMAR 2025.09.19 16:42 I attest to the accuracy and integrity of this document -3- CRM-M-52477-2025 PUNB0052300. On furnishing bail/surety bonds, the trial Court shall release her on bail subject to its satisfaction. She is also directed to furnish an undertaking by way of an affidavit that she will appear on each and every date of hearing before the trial Court, unless specifically exempted by the Court. She shall not leave the country without prior permission of the Court. The trial Court may impose any other condition that it may deem appropriate in the facts and circumstances of the present case. 9. Before parting with this order, it is made abundantly clear that in case the petitioner does not adhere to the aforesaid, the present petition shall be deemed to have been dismissed without any reference to this Court. 18.09.2025 (AMAN CHAUDHARY) ashok JUDGE Whether speaking/reasoned : Yes / No Whether reportable : Yes / No ASHOK KUMAR 2025.09.19 16:42 I attest to the accuracy and integrity of this document