IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Crl. Misc. No. M-4155 of 2011 Date of Decision:24.2.2011 Jaswant Singh Nijjar and another .....Petitioners Vs. State of Punjab and another .....Respondents CORAM:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. H.S. Rakhra, Advocate for the petitioners. **** DAYA CHAUDHARY, J.(Oral) This petition has been filed under Section 482 Cr.P.C on behalf of the petitioners, namely, Jaswant Singh Nijjar and Chhindo Kaur Nijjar for quashing of FIR No.129 dated 7.6.2001 registered under Sections 406, 498- A and 420 IPC at Police Station Banga, District Nawanshahar. Learned counsel for the petitioners submits that the petitioners were away to Canada and no service was effected upon them and even, they were not aware with regard to PO proceedings initiated against them as the said FIR was registered at the back of present petitioners.. Learned counsel for the petitioners also submits that in view of the provisions of Section 82 (4) of Cr.P.C., the petitioners could not have been declared as Proclaimed Offender as they were never served in Canada and even no efforts whatsoever were ever made to serve them in any manner. Learned counsel for the petitioners also submits that co-accused, namely, Surinder Kaur and Jaswinder Kaur against whom the same allegations are there, have been acquitted by the trial Court vide judgment dated 2.9.2008. Learned counsel for the petitioners further submits that the petitioners are ready to surrender Crl. Misc. No. M-4155 of 2011 -2- before the trial Court and join the Court proceedings. Heard the arguments of learned counsel for the petitioners and have perused the record. A perusal of impugned order dated 17.11.2001 vide which the petitioners have been declared Proclaimed Offender shows that it is nowhere mentioned whether the petitioners were aware with regard to proceedings initiated against them or any efforts were made by the Court to effect any service upon them. Admittedly, the petitioners were away to Canada and nothing has been mentioned in the impugned order that the petitioners have wilfully disobeyed the orders of the Court, therefore, remained absent and the petitioners are also ready to surrender before the Court and to join Court proceedings and co-accused, namely, Surinder Kaur and Jaswinder Kaur have been acquitted by the trial Court. In view of the facts mentioned above and the submissions made by learned counsel for the petitioners, no ground is made out to quash the FIR at this stage. However, since the petitioners are ready to surrender before the trial Court, the present petition is disposed of with a direction to the petitioners to surrender before the trial Court within a period of 15 days from the date of receipt of copy of the order. In case, they surrender before the trial Court, they shall be released on bail by the trial Court on furnishing of bail bonds and surety bonds to its satisfaction. The trial Court is also directed to conclude the trial within a period of two months thereafter. Meanwhile, the arrest of the petitioners shall remain stayed. February 24, 2011 ( DAYA CHAUDHARY ) renu JUDGE Crl. Misc. No. M-4155 of 2011 -3-