IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-53600-2023 Date of Decision:- 16.02.2026 Jasveer Kaur ...Petitioner Versus State of Punjab and another ...Respondents CORAM:- HON’BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Narinder S. Lucky, Advocate for the petitioner.

Mr. Jasjit Singh Rattu, DAG, Punjab.

Mr. Abnash Singh, Advocate for respondent No. 2.

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AMARJOT BHATTI, J.

1. Petitioner Jasveer Kaur filed petition under Section 482 Cr.P.C. for quashing of order dated 12.03.2020 (Annexure P-4) passed by learned Chief Judicial Magistrate, Barnala in case titled “State Vs. Gurmeet Singh” bearing No. CHI-01-2020 dated 03.01.2020, in FIR No. 358 dated 06.09.2019 under Section 306 IPC registered at Police Station City Barnala, District Barnala, vide which petitioner has been declared proclaimed offender, along with all subsequent proceedings arising therein. 2. Learned counsel for petitioner argued that FIR No. 358 dated 06.09.2019 (Annexure P-1) (supra) has been registered at the instance of mother of petitioner, namely, Harpreet Kaur by levelling allegations against the petitioner, who is her daughter and Gurmeet Singh @ Tony, who is her son for death of her another daughter Jaswinder Kaur. In fact, petitioner is falsely implicated in this case. She has not committed any offence. During investigation, she applied for anticipatory bail, which was declined vide order dated 25.11.2019. Thereafter, police never made any effort to arrest her. Investigating Agency filed application for issuance of her non-bailable warrants of arrest (Annexure P-2). Challan was presented on 03.01.2020 and during this period, she was declared proclaimed offender vide impugned order dated 12.03.2020 (Annexure P-3). Zimni orders passed in said case are Annexure P-4. Gurmeet Singh @ Tony faced trial and was finally acquitted by the Court of learned Additional Sessions Judge, Barnala in SC No. 48-2020 vide judgment dated 13.07.2023 (Annexure P-5).

Petitioner was never served in this case. In fact, process was being sent on a wrong address i.e. Backside Kapil Palace, Barnala. As per Aadhaar Card, her address is House No. 154, Shaheed Bhagat Singh Nagar, Barnala. She is ready to appear before the trial Court and face trial. It is submitted that impugned order dated 12.03.2020 (Annexure P-3) may kindly be quashed by accepting present petition.

3. Detailed status report has been filed. Mr. Abnash Singh, Advocate also appeared on behalf of respondent No. 2 and filed his Vakalatnama, which is taken on record. Present petition is opposed by learned counsel representing State of Punjab as well as learned counsel representing respondent No. 2/complainant. It is pointed out that time and again non-bailable warrants of arrest of petitioner were issued and all attempts to procure her presence failed. Thereafter, proclamation proceedings were initiated under Section 82 Cr.P.C. (corresponding Section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023). Proclamation was duly effected and when petitioner did not appear on the date fixed, after the expiry of 30 days, she was declared proclaimed offender by passing impugned order dated 12.03.2020 (Annexure P-3). Petitioner was well aware of criminal proceedings against her. She has filed present petition after 5 years. Proper procedure was followed to procure her presence and finally, she was declared proclaimed offender. Supplementary status report was also filed, according to which, address mentioned in Aadhaar Card i.e. House No. 154, Shaheed Bhagat Singh Nagar, Barnala and address mentioned in Court proceedings i.e. Backside Kapil Palace, Barnala is within the vicinity of 200 meters. No objection was ever raised that her address is wrongly mentioned in police papers. Stand taken by petitioner is without any basis and petition deserves dismissal.

4. I have considered the arguments and have gone through the record carefully. Contents of FIR No. 358 dated 06.09.2019 (Annexure P- 1) (supra) indicates that FIR was lodge