[CASE NUMBER] 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1. Crl. Revn. No. 1863 of 2016 (O&M) [ENTITY] Petitioner versus [ENTITY] Respondent 2. Crl. Revn. No. 3844 of 2016 [ENTITY] Petitioner versus [ENTITY] Respondent Date of decision : 16.03.2017 CORAM: HON'BLE MS. JUSTICE [ENTITY] Present: Mr.[ENTITY], Advocate for the petitioner Mr. [ENTITY], AAG, Punjab Mr. [ENTITY], Advocate for the complainant [ENTITY] , J. (Oral)
This order shall dispose of the above two petitions as common question of law and facts are involved in these petitions.
In [CASE NUMBER], prayer is for quashing of charge sheet dated 03.05.2016 and in [CASE NUMBER], prayer is for quashing of order dated 12.09.2016 whereby application filed by the petitioner under [SECTION] [ACT] for recalling the victim for further cross examination, has been dismissed.
Brief facts of the case are that FIR No. 113 dated 03.12.2015 1 of 3 under Sections [SECTION] [ACT], was registered at Police Station Sadar, Sangrur by the father of [ENTITY] with the allegation that petitioner has enticed away [ENTITY], on the pretext of marrying her, who was minor girl of 17 years old.
Learned counsel, inter alia, contends that petitioner solemnized the marriage with [ENTITY] and they also got protection from this Court on 28.11.2016, vide [CASE NUMBER].
[ENTITY] is present in the Court today and on a specific query put by this Court, she stated that she is staying happily with the petitioner.
The date of birth of [ENTITY] is 21.10.1998 and she is now major and is residing happily with the petitioner as his wife.
[ENTITY] is also identified by Investigating Officer, who is present in the Court.
Keeping in view the above facts and circumstances of the case, this Court while exercising the inherent power under [SECTION] [ACT] inclined to quash the F.I.R against the petitioner, along with all consequential proceedings, in view of the judgment of the Hon'ble Supreme Court in cases Madan Mohan Abbot vs. [ENTITY] 2008(2) RCR (Criminal) 429 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. [ENTITY] and another 2007(3) RCR (Crl.) 1052 as no useful purpose would be served in prolonging the litigation once the daughter of the complainant is residing happily with the petitioner.
Accordingly, FIR No. 113 dated 03.12.2015 under Sections [SECTION] [ACT], registered at Police Station Sadar, Sangrur is hereby 2 of 3 quashed along with all consequential proceedings qua petitioner.
The petitions stand disposed of.
16.03.2017 ([ENTITY]) G [ENTITY] JUDGE Whether speaking/reasoned Yes Whether reportable No 3 of 3