IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc. No. M- 34984 of 2010 Date of decision: 29.03.2011 Tinku Petitioner Vs. State of Punjab and another ...Respondents CORAM:- HON'BLE MRS.JUSTICE DAYA CHAUDHARY. PRESENT: Mr. Naresh Jain, Advocate, for the petitioner. Mr.Rajinder Mathur, AAG, Punjab. **** ORDER The present petition has been filed under Section 482 Cr.P.C. on behalf of petitioner Tinku for quashing of FIR No 28 dated 7.7.2010 registered under Sections 363/366/120-B IPC at Police Station Canal Colony, District Bathinda. and all subsequent proceedings arising therefrom. Notice of motion was issued on 29.11.2010. In response to notice of motion, reply on behalf of respondent-State has been filed in the Court and the same is taken on record. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case whereas he had solemnized marriage with one Pooja and both of them are major for the purpose of marriage. The marriage of the petitioner with said Pooja was not liked by private respondent as they solemnized their marriage contrary to his wishes. The private respondent was giving Crl.Misc. No. M- 1189of 2011 [2] threats as the marriage was not solemnized as per his wishes. The said FIR was registered just to implicate the petitioner whereas no offence is made out under Sections 363/366/120-B IPC. Learned State counsel submits on the basis of reply filed that statement of Pooja, the wife of the petitioner was recorded under Section 164 Cr.P.C. by Judicial Magistrate Ist Class, Bathinda on 22nd February, 2011 and as per her statement, she was more than 18 years at the time of marriage and marriage was solemnized as per her own sweet will and now she has also given birth to a son and both of them are leading a happy married life. Learned counsel for the State further submits that an inquiry was also conducted in the matter and on the basis of inquiry report, cancellation report has been prepared and the same has been sent to higher authorities for approval. The cancellation report would be submitted before the Court after approval. Since, the petitioner has solemnized marriage as per free will of the girl who has also made statement under Section 164 Cr.P.C. before the Magistrate and a son was also born out of the said wedlock. After recording statement in the inquiry conducted by the police authorities, cancellation report has been prepared and same has been sent for approval. No offence is made out under Sections 363/366/120-B IPC. In view of the submissions made by the learned counsel for the parties as well as statement made by learned counsel for the State and also the cancellation report which is pending before the higher police authorities, no offence is made out under Sections Crl.Misc. No. M- 1189of 2011 [3] 363/366/120-B IPC as petitioner as well as his wife Pooja are leading happy married life. Accordingly, the petition is allowed and FIR No 28 dated 7.7.2010 registered under Sections 363/366/120-B IPC at Police Station Canal Colony, District Bathinda. and all subsequent proceedings arising therefrom are quashed. (DAYA CHAUDHARY) JUDGE March 29, 2011 raghav