Crl. Misc. No. M-8649 of 2011 (O&M) (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-8649 of 2011 (O&M) DATE OF DECISION: 22.03.2011 Balwant Singh ..........Petitioner Versus State of Punjab and another ..........Respondents BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Vikas Bahl, Advocate for the petitioner. **** DAYA CHAUDHARY, J. Crl. Misc. No. 15752 of 2011 Application is allowed as prayed for. Crl. Misc. No. M-8649 of 2011 The present petition under Section 482 Cr.P.C. has been filed on behalf of Balwant Singh for quashing of FIR No. 155 dated 18.9.2000 registered under Sections 323,324 and 34 IPC at Police Station Banga, District Nawanshahar and all subsequent proceedings arising therefrom on the basis of affidavits/compromise annexed as Annexures P-1 and P-2 with the petition. Learned counsel for the petitioner contends that earlier also the matter was compromised between the parties and since the matter was compromised, the petitioner was under the impression that now no proceedings are pending against him but in March, 2009 he came to know with regard to pendency of the proceedings against him and the fact that he has been declared proclaimed offender on 30.5.2003. Learned counsel further contends that as both the prosecution witnesses have not supported the case of the prosecution, co-accused have already been acquitted by the Additional Sessions Judge, Nawanshahar vide its judgment dated 17.5.2004. Learned counsel also contends that the Crl. Misc. No. M-8649 of 2011 (O&M) (2) allegations against the present petitioner are also same and continuation of the proceedings against him would be mere abuse of the process of law as well as wastage of the time of the Court. It is also the contention of learned counsel that the petitioner is ready to surrender before the trial Court and join the Court proceedings. I have heard the arguments advanced by learned counsel for the petitioner and have also gone through the other documents available on the record. Admittedly, the petitioner has been declared P.O. on 30.5.2003 as he has not joined the Court proceedings due to the fact that the matter was compromised earlier between the parties but since the petitioner has been declared P.O., the FIR cannot be quashed at this stage. However, keeping in view the submissions made by learned counsel for the petitioner that the petitioner is ready to surrender before the trial Court and join the Court proceedings, the present petition is disposed of with a direction that in case the petitioner surrenders before the trial Court within a period of one month from the date of receipt of copy of the order, he shall be released on interim bail by the trial Court subject to his furnishing bail bond and surety bond as well as payment of costs of ` 50,000/-, which is to be deposited with Punjab State Legal Services Authority. Meanwhile, P.O. proceedings be kept in abeyance and arrest of the petitioner is stayed upto the period of one month from the date of receipt of copy of the order. March 22, 2011 (DAYA CHAUDHARY) pooja JUDGE Crl. Misc. No. M-8649 of 2011 (O&M) (3) Note:-Whether this case is to be referred to the Reporter .......Yes/No