GURMAIL SINGH AND ANOTHER v. STATE OF PUNJAB AND ANOTHER
CRM-M/18169/2025 · 2025-08-26
Yashvir Singh Rathor
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40643 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40643 (PNJ) · dailylaw.ai ]
Judgment text
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284 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-18169-2025 Date of decision: 26.08.2025 GURMAIL SINGH AND ANOTHER ...Petitioners VERSUS STATE OF PUNJAB AND ANOTHER ...Respondents
CORAM:
HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present: Mr. Abhishek Sharma, Advocate for the petitioners. Mr. G.S. Dhaliwal, AAG, Punjab. Mr. Sachin Jain, Advocate for respondent No.2. ***** YASHVIR SINGH RATHOR
, J. (Oral)
1. Petitioners are seeking quashing of order dated 30.10.2024 (Annexure P-5) vide which they were declared as proclaimed persons in case bearing FIR No.24 dated 15.03.2024 by the Court of Judicial Magistrate 1st Class, Ludhiana, under Sections 307/ 323/148/149/506 & 34 and Section 324 of IPC (added later on) at Police Station Ladhowal, District Ludhiana.
2. I have heard the learned counsel for the petitioner as well as the learned State counsel and have gone through the material collected by the police during investigation.
3.
Learned counsel for the petitioners contends that the FIR was registered on 15.03.2024 and petitioners were declared as proclaimed persons vide order dated 30.10.2024 (Annexure P-5). However, subsequently matter was compromised between the parties and FIR has been quashed on account of compromise between the parties vide order dated 16.05.2025 and as such, the order dated 30.10.2024 vide which petitioners were declared as proclaimed persons is also liable to be quashed. Priyanka Thakur 2025.08.27 19:12 I attest to the accuracy and integrity of this document
4. A Coordinate Bench of this Court in CRM-M-18724-2024 titled as ‘Deepak Nagpal Vs. State of Haryana’ vide order dated 20.03.2025 has held that once the main complaint under Section 138 of NI Act has been withdrawn on account of compromise between the parties, the proceedings vide which the accused has been declared a proclaimed person are liable to be quashed. To the same effect is the law laid down by Hon’ble Supreme Court in Criminal Appeal No.4359 of 2024 titled as ‘Daljit Singh Vs. State of Haryana’ decided on 02.01.2025 in which it has been held that the proceedings vide which the accused was declared a proclaimed person or the proceedings under Section 174-A of IPC which have been initiated are liable to be quashed in case, the main case is compromised between the parties.
5. In the present case also, petitioners were declared as proclaimed persons vide order dated 30.10.2024 (Annexure P-5) and FIR has been quashed on account of compromise between the parties vide order dated 16.05.2025, and in these circumstances, the order dated 30.10.2024 (Annexure P-5) vide which petitioners were declared as proclaimed persons is liable to be quashed.
6. In view of the factual position as stated above, the petition is allowed and the impugned order dated 30.10.2024 (Annexure P-5) against the petitioners is quashed.
7. Pending misc. application (s), if any, shall also stand disposed of.
(YASHVIR SINGH RATHOR) 26.08.2025 JUDGE Priyanka Thakur Whether speaking/reasoned : Yes No Whether Reportable : Yes No
Priyanka Thakur 2025.08.27 19:12 I attest to the accuracy and integrity of this document