SHOKAT ALI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has approached this Court seeking quashing of FIR No.199 dated 23.7.2018 registered at Police Station Pinjore City, District Panchkula under Section 174-A of Indian Penal Code on the ground that the matter has since been compromised amongst the parties as well as for setting aside of order dated 4.7.2018 passed by learned Sub Divisional Judicial Magistrate, Kalka (Annexure P-2) vide which the petitioner was declared a proclaimed offender.

(2.) A few facts necessary to notice for disposal of this petition are that respondent No.2 had instituted a complaint under Sections 323, 406, 420, 452, 498-A, 506 and 120-B of Indian Penal Code, wherein the petitioner was summoned to face trial as an accused. However, on account of non-appearance of the petitioner, proceedings under Section 82 Cr.P.C. were initiated and ultimately he was declared a proclaimed offender vide order dated 4.7.2018 (Annexure P-2). Consequently, FIR No.199 dated 23.7.2018 at Police Station Pinjore City, District Panchkula under Section 174-A of Indian Penal Code (Annexure P-3) came to be lodged.

(3.) The learned counsel for the petitioner has submitted that the Trial Court did not follow the procedure prescribed under Section 82 Cr.P.C. in letter and spirit and that the petitioner was not afforded the requisite period of 30 days for causing his appearance after publication of proclamation notice.