CRM No. M-39148 of 2012 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CRM No. M-39148 of 2012 (O&M) Date of Decision:- 22.5.2013 [ENTITY] Petitioner Vs. [ENTITY] Respondent CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present:- Mr.[ENTITY], Advocate for the petitioner. Mr.[ENTITY], AAG Punjab for the respondent-State. [ENTITY], J. (Oral)
The compendium of the facts and material, culminating in the commencement, relevant for deciding the instant petition and emanating from the record, is that [ENTITY], daughter of complainant [ENTITY] s/o [ENTITY] (for brevity "the complainant") had gone to the house of her sister [ENTITY]. On 30.12.2011 at about 3 PM, she had gone to the shop, but did not return. [ENTITY] accordingly informed her father. It was claimed that [ENTITY] was seen in the company of petitioner [ENTITY]. They searched for her, but in vain. According to the complainant that petitioner had enticed away and kidnapped her daughter [ENTITY] to marry her. In the background of these allegations and in the wake of complaint of the complainant, the present criminal case was registered against the petitioner, vide FIR, bearing No.4 dated 5.1.2012 (Annexure P1), on accusation of having committed the offences punishable under [SECTION] & [SECTION] [ACT] (the offence punishable under [SECTION] [ACT] was lateron added) by the police of Police Station Bhargo Camp, City Jalandhar, in the manner depicted here-in-above.
2. The petitioner-accused did not feel satisfied with the initiation of criminal case against him and preferred the instant petition to quash the impugned FIR (Annexure P1), the charge sheet dated 6.6.2012 (Annexure P4) and all other subsequent proceedings arising therefrom, invoking the provisions of [SECTION] [ACT], inter-alia pleading that [ENTITY] had accompanied the petitioner of her own free will and volition. She was major. She voluntarily performed her marriage with him on 4.1.2012, as per her affidavit (Annexure P2), without any pressure or coercion. After solemnization of the marriage and apprehending danger to their lives & liberty, the petitioner and victim filed protection petition and affidavit (Annexure P2) before the Punjab Human Rights Commission. Even [ENTITY] has made the statement dated 8.2.2011 (Annexure P3) u/[SECTION] [ACT] before the Magistrate, which, in substance, is as under:-
"My mother and father whose names are [ENTITY] and [ENTITY] wanted to forcibly marry me to a boy of 26 years of age which I di dnot like because I wanted to marry [ENTITY]. My parents did not agree for this marriage so I have married [ENTITY] on 10.01.2012 against their wishes after eloping with my own free will and I was happy with [ENTITY] and the parents of [ENTITY] have also accepted me as daughter in law but my parents are threatening to kill us and are telling to the parents of [ENTITY] that if they want to keep me then they should give Rs.2 lacs and they may keep me. I have married [ENTITY] with my own free will and I may not be (illegible) from [ENTITY] and my parents have lodged a false case against [ENTITY] to extract money from him. I do not want to go to the house of my parents. I want to stay with my husband only."
3. [ENTITY], the petitioner claimed that under these circumstances, no indicated offences are made out against him and the impugned FIR (Annexure P1), charge sheet (Annexure P4) and all other consequent proceedings arising thereto are liable to be quashed. On the strength of aforesaid grounds, the petitioner sought to quash the impugned FIR, charge sheet and all other subsequent proceedings arising therefrom in the manner described here-in-above.
4. At the very outset, [ENTITY] victim, who is today present in the Court, has made the following statement:-
"I am major. I have performed my marriage voluntarily and with my own free- will with petitioner-[ENTITY], s/o [ENTITY] against the wishes of my father (complainant). Since I performed the marriage against the wishes of my parents, so, my father Sh.[ENTITY] (complainant) has lodged a present false case against my husband, in order to take revenge. I am still happily residing with my husband in my matrimonial home."
5. Having heard the learned counsel for the parties, having gone through the record with their valuable help and after considering the entire matter deeply, to my mind, the present petition deserves to be accepted in this context.
6. As is evident from the record, that [ENTITY] victim was major and had himself accompanied the petitioner. They performed love marriage against the wishes of parents, as per affidavit (Annexure P2) and statement u/[SECTION] [ACT] (Annexure P3). Not only that, in her separately recorded statement, the victim has reiterated the factum of her marriage with the petitioner. After solemnization of marriage, they are residing peacefully as husband & wife in her matrimonial home. She has no grievance from her husband.
7. Meaning thereby, if all the pointed facts/material as discussed here-in-above, are put together and are perused, then, to me, the conclusion is irresistible that [ENTITY], daughter of complainant, had herself left the parental house voluntarily with her own free will and solemnized the marriage with the petitioner. Even she is happily residing with him in her matrimonial home. In that eventuality, no indicated offences punishable u/[SECTION], [SECTION] & [SECTION] [ACT] are made out against him, in view of ratio of the law laid down by Hon'ble Apex Court in case [PRECEDENT].
8. Therefore, the complainant appears to have lodged a false FIR against the petitioner maliciously and vexatiously, in order to wreak vengeance from him. The victim is major. She has performed her marriage with the petitioner of her own free will and is happily residing with him in the matrimonial home. In this manner, the impugned FIR (Annexure P1) amounts to deep misuse/abuse of process of law and deserves to be quashed, as per law laid down by Hon'ble Supreme Court in case [PRECEDENT], which was again reiterated in case [PRECEDENT]. The pointed Bench mark for quashing the criminal prosecution as laid down in the aforesaid judgments are fully attracted to the facts of the present case. Otherwise, if the false prosecution is allowed to continue, then it will inculcate and perpetuate injustice to the petitioner and adversely affect their matrimonial relationship, which is not legally permissible in this relevant connection.
9. No other legal point, worth consideration, has either been urged or pressed by the counsel for the parties.
10. In the light of aforesaid reasons, the instant petition is accepted. Consequently, the impugned FIR (Annexure P1), charge sheet (Annexure P4) and all other subsequent proceedings arising therefrom are hereby quashed and petitioner is acquitted of the charges framed against him in the present criminal case, in the obtaining circumstances of the case.
([ENTITY]) Judge 22.5.2013 AS Whether to be referred to reporter ? Yes/No