The Uttarakhand High Court, presided over by Justice Rakesh Thapliyal, delivered a definitive ruling on June 25, 2026, dismissing a quashing petition filed by businessman Rakesh Mehra and his two daughters on the grounds that a proclaimed offender cannot seek relief through a power of attorney holder.

The court held that individuals absconding from the legal process lose the standing to invoke the court’s inherent jurisdiction under Section 482 of the Code of Criminal Procedure (Cr.P.C.) while remaining fugitives. This decision follows an investigation into allegations of cheating and criminal intimidation brought forward by corporate giants Divya Pharmacy and Patanjali Ayurveda Limited.

Can a family member file a quashing petition for an accused person?

Generally, an accused person must file the petition in their own name and through their legal counsel. While family members may assist, a “proclaimed offender” cannot substitute a third party or a power of attorney holder to maintain a quashing petition if they are deliberately evading the court. Exceptions are only made for those with severe mental or physical disabilities.

What happens to the trial if the accused remains a proclaimed offender?

If an accused continues to abscond, the trial court can proceed with the attachment of their properties under Section 83 of the Cr.P.C. Additionally, the trial may be split, allowing the case to proceed against co-accused who are present, while the proclaimed offender faces separate, ongoing warrants and potential permanent loss of assets until they surrender.

Can a commercial dispute really result in criminal charges in India?

Yes. As the Uttarakhand High Court clarified, civil and criminal liabilities can exist at the same time. If a business disagreement involves elements of deception, forgery, or the intentional misappropriation of funds, it can be prosecuted under the Indian Penal Code (IPC) as cheating or breach of trust, regardless of whether a civil lawsuit for the same act is also pending.