CRM No. M 8548 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 8548 of 2011 Date of decision: 25.03.2011 Sukhdeep Singh alias Ghuka ........ Petitioner Versus State of Punjab .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Kunal Dawar, Advocate for the petitioner Mr. K S Pannu, DAG, Punjab -.- 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This is a petition under Section 482 Cr.P.C for quashing of FIR No. 8 dated 16.01.2011 under Section 174-A IPC, P S Sadar Roopnagar, District Roopnagar, Punjab (P1). The petitioner is stated to be a student and currently pursuing his MBA with Cyprus Institute of Marketing, Cyprus. Brief facts of the case are that FIR No. 9 dated 22.01.2007 under Section 324, 323, 148, 149 IPC, P S Sadar Roopnagar, District Roopnagar, was registered on the statement of one Gulzar Singh against Kuldeep Singh son of Jagdev Singh and Happy son of Jagdev Singh as well as against the present petitioner. Thereafter, the matter was compromised between the complainant and Kuldeep Singh and Happy in the presence of CRM No. M 8548 of 2011 2 Baldev Singh, Nambardar on 09.03.2007. In pursuance to the said compromise, the offence was allowed to be compounded by the Mega Lok Adalat and the co-accused of the petitioner accordingly stood acquitted. It is contended that the petitioner was all the time under the impression that the matter has been compromised and the FIR would be cancelled. Accordingly, he left for Cyprus for his further study. While he was away, non-bailable warrants were issued against the petitioner vide order dated 12.02.2008 and the petitioner was declared as proclaimed offender in FIR No. 9 dated 22.01.2007. When, the petitioner came to India in the last week of December, 2010, it came to his knowledge that he has been declared proclaimed offender. Accordingly, he filed CRM M 1114 of 2011 for quashing of FIR No. 9 dated 22.01.2007 under Sections 324, 323, 148, 149 IPC, P S Sadar Roopnagar, District Roopnagar (P2) on the basis of compromise. The Co-ordinating Bench of this Court, vide order dated 21.03.2011, quashed FIR No. 9 dated 22.01.2007 under Sections 324, 323, 148, 149 IPC, P S Sadar Roopnagar, District Roopnagar. The facts are not disputed. The matter had been compromised. In pursuance to the said compromise, the co accused of the petitioner were allowed to compound the offence and they were accordingly, acquitted of the said charge. The compromise has been effected between the parties before the petitioner left abroad and much before the petitioner was declared as proclaimed offender. In fact, vide order dated 14.01.2011 passed in CRM M 1114 of 2011, the petitioner was allowed to appear before the trial Court and to furnish his bail bonds. Surprisingly, after the petitioner was allowed to appear before the trial Court and furnish his bail bonds, the CRM No. M 8548 of 2011 3 present FIR was registered against him under Section 174-A. Admittedly, the petitioner appeared and his bail bonds were also accepted. In view of these facts, the present FIR is nothing but a sheer misuse of process of law and deserves to be quashed. In view of the above, the present petition is allowed and FIR No. 8 dated 16.01.2011 under Section 174-A IPC, P S Sadar Roopnagar, District Roopnagar, Punjab (P1) and all the subsequently proceedings arising out of the same are hereby quashed qua the present petitioner. Copy of the order be supplied to the learned counsel for the petitioner under the signatures of the Reader of this Court. (Nirmaljit Kaur) Judge 25.03.2011 mohan