Date of Decision: 02.04.2022
Seeking quashing of proclama on order dated 17.11.2021 passed by JMIC Gurugram, the accused has come up before this court under Sec on 482 of the Code of Criminal Procedure, 1973 (CrPC).
2. During the course of arguments, Ld. counsel for the pe oner confines his prayers against quashing of PO order, reserving liberty to file a separate pe on for quashing of FIR, if any. Thus, the present pe on is confined to PO order, Annexure P-2, and liberty is reserved to file a separate pe on for quashing of FIR, if any, registered pursuant to order dated 17.11.2021.
3. Although respondent no.2 has not been served, but since the pe oner is only challenging the proclama on order, which is subject ma er between the accused, Court and the police, as such, respondent no.2 is not a necessary party. However, counsel for the respondents submits that he has no objec on if order is quashed.
4. Pe oner was arraigned as an accused in the above cap oned ma er. On failure to serve the pe oner through the ordinary process, including summons, bailable warrants, and even non-bailable warrants, the concerned court finally proceeded against the pe oner under sec on 82 of CrPC and declared the pe oner a proclaimed offender vide order dated 17.11.2021 passed by JMIC Gurugram.
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5. Vide order dated 02.04.2022, passed by Ld. JMFC, Gurugram, the accused was acqui ed and the complaint was treated as compounded.
6. Given the compromise and acqui al of the pe oner in the main complaint, the impugned order of proclama on 17.11.2021 passed by JMIC Gurugram, in this ma er is set aside.
Pe on allowed in the terms men oned above. All pending applica ons, if any, shall stand disposed of.
(ANOOP CHITKARA)
JUDGE
31.05.2023
Jyo -II Whether speaking/reasoned : Yes Whether reportable : No
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