CRM-M-28768-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 148 CRM-M-28768-2025 DATE OF DECISION: 26.05.2025 KRISHAN KUMAR ...PETITIONER Versus STATE OF HARYANA AND ANOTHER ... RESPONDENT CORAM: HON’BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. B.S. Mamli, Advocate for the petitioner(s). Mr. Chetan Sharma, DAG, Haryana. Mr. Deepak Kumar, Advocate for respondent No. 2. *** SANDEEP MOUDGIL, J (ORAL) The jurisdiction of this Court has been invoked under Section 528 of BNSS of 2023 read with Section 482 of Cr.P.C. for quashing of the order dated 02.05.2023 (Annexure P-5) vide which the PO Proceedings were initiated and the order dated 07.08.2023 (Annexure P-6) vide which the petitioner was declared as a Proclaimed Offender, passed by Additional Sessions Judge, Karnal, in Criminal appeal No. CRA-289-2018 and all other subsequent proceedings, as the compromise has also been effected vide compromise dated 13.05.2025 (Annexure P-7), in the interest of justice. Learned counsel for the petitioner submits the matter got compromised between the parties and the petitioner was under the impression that as the matter has been settled he need not to appear before the Trial Court, hence, he could not appear and the Trial Court Anuradha 2025.05.26 06:58 I attest to the accuracy and integrity of this document CRM-M-28768-2025 2 initiated PO proceedings against him. He submits that the petitioner did not had any intention to avoid attendance in the Court proceedings otherwise he was appearing regularly on each and every date before the Court. He undertakes that the petitioner will surrender before the trial Court and shall join the trial proceedings without any delay or default in future. Notice of motion. On the asking of the Court, learned State Counsel accepts notice on behalf of the respondent-State, who is not averse to the undertaking given by the petitioner that he will surrender before the trial Court. Considering the submissions made by learned counsel and also in appreciation of the fact that it will only speed up the proceedings before the Trial Court which is one of the essence as enshrined under Article 21 of the Constitution of India, the petitioner is directed to surrender before the trial Court within a period of 10 days from today and apply for regular bail. In case, such an application for bail is moved by the petitioner before the learned trial Court, the same shall be considered on the same date and decided in accordance with law. However, it is made clear that in case the petitioner does not abide by the aforesaid undertaking, the respondent/State shall be at liberty to move an appropriate application for revival of the instant petition. The aforesaid order/concession to the petitioner shall be subject to payment of Rs.10,000/- as compensatory penalty to be Anuradha 2025.05.26 06:58 I attest to the accuracy and integrity of this document CRM-M-28768-2025 3 deposited with the Punjab and Haryana High Court Bar Clerk Association, Chandigarh and a receipt of the same be produced before the Trial Court and only in that eventuality, application of the petitioner for seeking bail be considered and decided on the same day in accordance with law. The amount so deposited by the petitioner shall not be construed as cost for this order but compensatory penalty for stalling the court proceedings by evading himself from trial for a long time. The instant petition is disposed of in the aforesaid terms. (SANDEEP MOUDGIL) JUDGE 26.05.2025 anuradha Whether speaking/reasoned Yes/No Whether reportable Yes/No Anuradha 2025.05.26 06:58 I attest to the accuracy and integrity of this document