Crl. Misc. No. M-3405 of 2011 (O&M) (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-3405 of 2011 (O&M) DATE OF DECISION: 07.02.2011 Ramesh Kumar @ Kaka ..........Petitioner Versus State of Punjab ..........Respondent BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Ashish Aggarwal, Advocate for the petitioner. **** DAYA CHAUDHARY, J. Crl. Misc. No. 6256 of 2011 Application is allowed as prayed for. Crl. Misc. No. M-3405 of 2011 The present petition under Section 482 Cr.P.C. has been filed on behalf of Ramesh Kumar @ Kaka for quashing of order dated 30.5.2009 passed by JMIC, Amritsar, vide which, the petitioner has been declared proclaimed offender in case FIR No. 103 dated 10.5.2008 registered under Sections 363,366,120-B IPC at Police Station Islamabad, District Amritsar. Learned counsel for the petitioner contends that petitioner solemnized marriage with Money, daughter of the complainant, on 10.5.2008, contrary to the wishes of her parents as they belong to different caste and because of this reason they were not happy with the said marriage. On the same day of solemnization of marriage i.e. 10.5.2008, aforesaid FIR was registered against the petitioner and his family members. After the marriage, the petitioner along with his wife shifted to some other place and was not aware with regard to the court proceedings and ultimately impugned P.O. order was passed against him. Moreover, Crl. Misc. No. M-3405 of 2011 (O&M) (2) the petitioner has falsely been implicated in the case at the instance of complainant, whereas, the said marriage was solemnized with the consent of his wife-Money and now they are leading their happy married life. Learned counsel further contends that P.O. order has been passed in the absence of the petitioner and he was not aware with regard to proceedings initiated against him and moreover, this is not the case that the petitioner had concealed himself or avoided the service or willfully remained absent from the Court proceedings. Learned counsel has also brought to the notice of the Court that petitioner as well as his parents filed Crl. Misc. No. M-5529 of 2010 before this Court for quashing of the FIR, wherein, wife of the petitioner- Money has filed an affidavit to the effect that she had solemnized marriage as per her own free will and without any pressure. Learned counsel also contends that proceedings before the trial Court were stayed vide order dated 24.12.2010 and the petitioner is ready to join the Court proceedings. In view of the contentions raised by learned counsel for the petitioner and the fact that the petitioner was not aware about the PO proceedings and the same were initiated in his absence and moreover there is nothing on record to show that the petitioner concealed himself willfully and avoided the service of the summons in any manner. Impugned order declaring the petitioner as proclaimed offender is hereby quashed. The petitioner is directed to surrender before the trial Court within a period of two weeks from the date of receipt of copy of the order. In case he surrenders before the trial Court, he shall be released on bail on his furnishing bail bond and surety bond to the satisfaction of the trial Court. Disposed of. February 07, 2011 (DAYA CHAUDHARY) pooja JUDGE Crl. Misc. No. M-3405 of 2011 (O&M) (3) Note:-Whether this case is to be referred to the Reporter .......Yes/No