126 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 13.02.2026 Rohit Kumar ..... Petitioner Versus State of Punjab and another .......Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Chandan Singh Rana, Advocate, for the petitioner.

Rajesh Bhardwaj, J. (ORAL)

1. Prayer in the present petition is for quashing of order dated 10.10.2022 passed by learned JMIC, Ludhiana, whereby, the petitioner was declared as proclaimed person in a case FIR No.202, dated 19.12.2014 registered under Sections 452, 356, 323, 506, 148, 149 IPC at Police Station Division No.4, District Ludhiana City.

2. It has been submitted by counsel for the petitioner that petitioner has been illegally prosecuted in the abovesaid FIR. He submits that the petitioner was granted regular bail by learned trial Court and since then, he was regularly appearing before it, but thereafter, due to his non- appearance before the Court, he was illegally declared as proclaimed person vide order dated 10.10.2022 in violation of Section 82 Cr.P.C. He submits that even otherwise, the parties have compromised the dispute amicably, which is evident from Annexure P-2. He further submits that the absence of the petitioner was totally unintentional and beyond his control. He submits that now petitioner is ready to join the proceedings and face the trial in the above said case and comply with the condition, if any imposed by the Court and as such the order dated 10.10.2022 declaring the petitioner as proclaimed person, deserves to be set aside.

3. Notice of motion.

4. Ms. Ramta Chowdhary, DAG, Punjab, accepts notice on behalf of the State. She has opposed the submissions made by learned counsel for the petitioner. She has submitted that the petitioner was rightly declared as proclaimed person, as he did not appear before the trial Court on various dates of hearing.

5. Mr. Amandeep Singh, Mann, Advocate, accepts notice on behalf of respondent No.2-complainant and has affirmed the factum of compromise effected between the parties.

6. After hearing learned counsel for the parties and perusing the record, it is evident that due to non-appearance of the petitioner, he was declared as proclaimed person on 10.10.2022. The Court without going into the authenticity of the ground taken for the absence of the petitioner, deems it appropriate to set aside the order dated 10.10.2022 declaring the petitioner as proclaimed offender. Accordingly, the order dated 10.10.2022 is set aside subject to payment of Rs.20,000/- as costs to be paid the petitioner with the Day Care Centre for Elderly Disabled in home for Old & Destitute People, Sector-15, Chandigarh, within period of seven days from the date of receipt of copy of this order.

7. The petitioner is directed to appear before the trial Court within a period of ten days from the date of receipt of copy of this order and file an appropriate application alongwith receipt of costs of Rs.20,000/- and the trial Court would grant him bail till the disposal of the case on his furnishing bail/surety bonds subject to its satisfaction. The petitioner will have protection from arrest for a period of ten days from the date of receipt of copy of this order. The trial Court is free to impose any condition it likes on the petitioner while admitting him to bail.

8. Needless to say that in case the petitioner fails to comply with the abovesaid direction, this order would be of no avail to him and the order dated 10.10.2022 will come in force and the present petition shall be deemed to have been dismissed.

9. Petition stands disposed of in abovesaid terms.

(RAJESH BHARDWAJ)

13.02.2026 JUDGE sharmila