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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
RAJESH BHARDWAJ
Kiran Bhanot – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Rajesh Bhardwaj, J. (Oral)
1. Prayer in the present petition is for quashing of impugned order dated 30.08.2017 passed by learned SDJM, Phagwara, Punjab along with consequential proceedings whereby the petitioner was declared as Proclaimed Person in CHI No.l 19/2016 in FIR No. 126 dated 22.. 10.2014. under Section 420 of IPG, registered at Police Station Phagwara City. District Kapurthala.
2. It has been submitted by counsel for the petitioner that petitioner was falsely implicated in this FIR which is purely of civil nature. It is submitted that after registration of the FIR, both the sides have made efforts for resolving their dispute amicably however, on 30.08.2017. petitioner was declared as Proclaimed Person. He submits that in the year 2018, both the parties entered into compromise and decided to put an end to all the litigations among them. He submits that the respondents have resiled from the compromise arrived at in the year 2018 and hence, the abovesaid FIR. was got registered by the husband of' the petitioner against the complainants' side. He thus, submits that in the facts and circumstances of the case, petitioner is ready to appear before the trial Court and f
The court established that compliance with the procedural requirements of Section 82 Cr.P.C. is essential for declaring an individual as a proclaimed person.
The court emphasized the mandatory requirement of a 30-day notice period under Section 82 Cr.P.C. for declaring a person as proclaimed, which was violated in this case.
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