A criminal petition for quashing under Section 482 CrPC is not maintainable if the petitioners have been declared proclaimed persons; the High Court reaffirmed this procedural bar, thus binding all subordinate courts in Punjab and Haryana, and reinforcing the primacy of proclaimed offender orders as a threshold issue.
Summary
| Category | Data |
|---|---|
| Case Name |
CRM-M/25479/2023 of GURBIR SINGH AND ANR. Vs STATE OF PUNJAB AND ANOTHER CNR PHHC010648862023 |
| Date of Registration | 17-05-2023 |
| Decision Date | 10-09-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | MR. JUSTICE VINOD S. BHARDWAJ |
| Court | High Court of Punjab and Haryana |
| Bench | Single Judge |
| Precedent Value | Binding on all subordinate courts within jurisdiction |
| Type of Law | Criminal Procedure |
| Questions of Law | Whether a petition for quashing of FIR and proceedings under Section 482 CrPC is maintainable when petitioners have been declared proclaimed persons. |
| Ratio Decidendi |
The petition for quashing was dismissed on the ground that the petitioners had already been declared proclaimed persons by a court order during the pendency of the case. The learned judge held that, in view of the petitioners’ proclaimed offender status, the present quashing petition could not be entertained or adjudicated on merits. This creates a categorical procedural bar to entertaining petitions under Section 482 CrPC for proclaimed persons, independent of the underlying merits of the case. This principle upholds the court’s commitment to procedural integrity and compliance with processes ensuring the presence of accused persons before the court. |
| Facts as Summarised by the Court | Petitioners sought quashing of FIR No. 54 dated 05.06.2021 under Section 420 IPC and all consequential proceedings. Court was informed that the petitioners had been declared proclaimed persons by order dated 31.10.2023. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts of Punjab and Haryana |
| Persuasive For | Other High Courts |
What’s New / What Lawyers Should Note
- A petition for quashing under Section 482 CrPC is not maintainable if the petitioners have been declared proclaimed persons during pendency.
- Status as a proclaimed offender is a purely procedural bar: the court will not consider merits, settlement, or any compromise until proclaimed offender status is vacated.
- Counsel must ensure clients are not declared proclaimed persons when approaching the court for quashing.
- The High Court reaffirmed that procedural compliance with trial court proclamations is essential before invoking inherent powers.
Summary of Legal Reasoning
- The court considered the fact, as brought to its notice by counsel for both the State and the complainant, that the petitioners had already been declared proclaimed persons by a prior judicial order.
- In light of this, the court dismissed the quashing petition without consideration of merits.
- The legal basis for dismissal rests on the procedural law principle that persons declared as proclaimed offenders have no locus to seek discretionary/quashing relief under Section 482 CrPC until they submit to the jurisdiction of the court that declared them as such.
- The ratio affirms the procedural priority: compliance with orders declaring an accused as a proclaimed person is mandatory before any merits-based relief may be sought in such criminal petitions.
Arguments by the Parties
Petitioner
- Sought quashing of FIR No. 54 dated 05.06.2021 and all consequential proceedings under Section 420 IPC.
Respondent-State and Complainant
- Informed the court that the petitioners had already been declared proclaimed persons by order dated 31.10.2023.
Factual Background
The petitioners approached the High Court seeking quashing of FIR No. 54 dated 05.06.2021, registered under Section 420 IPC at Police Station Ghuman, Police District Batala, District Gurdaspur, along with all consequential proceedings. During the course of proceedings, it was brought to the notice of the court that the petitioners had been declared proclaimed persons by order dated 31.10.2023. On this basis, the High Court dismissed the petition.
Statutory Analysis
- Section 420 IPC (cheating) is the substantive offence invoked in the FIR.
- Section 173 CrPC relates to the final report by the police but was not substantively analyzed.
- The inherent powers of the High Court under Section 482 CrPC are not exercisable in favour of applicants who have been declared proclaimed persons, reaffirming the procedural bar and necessity of compliance with trial court proclamations before seeking quashing.
Alert Indicators
- ✔ Precedent Followed – When existing law is affirmed.