A proclaimed offender cannot challenge the attachment of property without first contesting the underlying proclamation order, as the property is at the State's disposal if the offender fails to appear.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for quashing of order dated 20.01.2021 regarding the attachment and sale of the petitioner’s property in the complaints titled Rajeev Sood versus Budhi Singh and Praful Kuthiala versus Budhi Singh. It has been asserted that the petitioner’s land situated in Khasra No. 393/1, 393/2/1, 391, 391/1/1, 393/3/1 in Up Mohal Chaedal, TehsilKotkhai, District Shimla was ordered to be attached in complaints titled Rajeev Sood versus Budhi Singh Chauhan and Praful Kuthiala versus Budhi Singh Chauhan, as the petitioner failed to appear before the Court and was declared a proclaimed offender. A civil suit No. 114 of 2011 was decreed against the petitioner ex-parte for Rs. 54,44,520/- along with pendente lite and future interest at the rate of 18 % per annum on 31.07.2013. This civil suit was compromised between the parties on 19.09.2014 by filing a joint application under Order 23 Rule 3 of CPC. He undertook to pay the outstanding amount on 14.10.2015. He paid Rs.12 lacs to respondent No. 2 and Rs. 3 lacs to respondent No.3. He could not pay the agreed amount. An execution petition No. 23 of 2016 was filed against him. OMPs No. 383 of 2018 and 759 of 2021 were filed in the execution petition No. 23 of 2016 between the same parties, and a prayer of attachment of the property was also made. The petitioner settled the dispute with the private respondents for Rs. 50 lacs; hence, he be permitted to dispose of the property bearing Khasra No. 393/1 to make the full and final payment and leave the property for his grandson and unmarried daughter. The petitioner’s grandson is ailing, and he requires financial and medical support. Petitioner’s daughter had borrowed Rs.16 lacs from the family and friends to settle a case with the UCO Bank. Hence, it was prayed that the attachment of the property be quashed in view of the compromise between the parties.

2. No reply was filed by the State.

3. I have heard Mr. Nitin Thakur, learned counsel for the petitioner and Mr. Lokender Kutleheria, learned Additional Advocate General for respondent No.1/State.

4. Mr Nitin Thakur, learned counsel for the petitioner, submitted that the matter had been compromised between the parties; therefore, the present petition be allowed, the order of attachment be quashed, and the petitioner be permitted to sell part of the property.

5. Mr Lokender Kutlheria, learned Additional Advocate General for respondent No.1/State, submitted that the petitioner has been declared a proclaimed offender, and he cannot seek relief from the Court without surrendering before the Court. He prayed that the present petition be dismissed.

6. I have given considerable thought to the submissions made at the bar and have gone through the records carefully.

7. Copies of the order sheets annexed to the petition show that the petitioner was arrayed as an accused and was declared a proclaimed offender by learned Additional Chief Judicial Magistrate, Court No.2 and by learned Judicial Magistrate First Class, Court No.4.

8. Sections 82 to 85 of the CrPC deal with the proclamation, attachment and restoration of the property. They read as under:

82. Proclamation for person absconding.—(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.

(2) The proclamation shall be published as follows: —

(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;

(b) it shall be afÏxed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;

(c) a copy thereof shall