Criminal Misc. No. M-20565 of 2009 (1) In the High Court of Punjab & Haryana at Chandigarh Date of decision: 12.11.2009 1. Criminal Misc. No. M-20565 of 2009 (O&M) Pawandeep Kaur Jasal and another ...Petitioners vs State of Punjab ...Respondent 2. Criminal Misc. No. M-30184 of 2009 (O&M) Gurpreet Singh and others ...Petitioners vs State of Punjab ...Respondent Coram Hon'ble Mr. Justice Rajesh Bindal Present Mr. Brijeshwar Singh Bhalla, Advocate, for the petitioners. Mr. Mehardeep Singh, Deputy Advocate General, Punjab. Rajesh Bindal, J. This order shall dispose of the aforementioned two petitions as both arise out of same FIR. Prayer in both the petitions is for quashing of FIR No.86 dated 23.6.2009, registered under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 (for short, “the Act”) at Police Station Mehna, District Moga and all subsequent proceedings arising therefrom. The petitioners in CRM No. M-20565 of 2009 are husband and wife whereas the petitioners in CRM No. M-30184 of 2009 are partners of Hotel City Heart where the alleged incident took place. The brief facts as has been mentioned in the FIR are that on 23.6.2009 on receipt of secret information that partners of hotel City Heart, namely, Paramjit Singh Gill @ Pamma, Jagdev Singh Gill and Gurpreet Singh Gill @ Rimpy (petitioners in CRM No. M-30184 of 2009), are running a brothel and earning a huge amount from this illegal business. If raid is conducted then number of girls and boys can be apprehended while enjoying there. SI Darshan Singh along with other police officials conducted the raid. With these allegations, the case against the petitioners was registered. Learned counsel for the petitioners submitted that petitioners in both the petitions were known to each other. Petitioner Pawandeep Kaur Jassal and her Criminal Misc. No. M-20565 of 2009 (2) fiancee Gagandeep Singh visited the hotel on the day in question and earlier also. They have also placed on record their marriage certificate dated 6.8.2009, Annexure P-7, and photographs of their marriage as Annexure P-8. He further submitted that as on the said date they were already engaged and were to get married later, the FIR in question deserves to be quashed as no case under the Act is made out. In so far as the petitioners in CRM No. M-30184 of 2009, are concerned, no case against them under the Act is made out as the persons who were arrested by the police were already engaged to get married later. He submitted that in view of the facts and circumstances of the case continuation of proceedings is abuse of process of law and prayed that the FIR registered against the petitioners be quashed. Notice of motion was issued to the State of Punjab for 7.9.2009 but till date after grant of three adjournments no reply has been filed to controvert the averments. It seems that the averments made by the petitioners are correct. It is clear from marriage certificate dated 6.8.2009 (Annexure P-7) and photographs of marriage (Annexure P-8) that marriage of the petitioners in CRM No. M-20565 of 2009 was solemnised and they were already engaged. The petitioners in CRM No. M-30184 of 2009 were partners of the hotel where the petitioners in CRM No. M- 20565 of 2009 were allegedly arrested. Since the petitioners were already engaged and later on got married, the FIR in question deserves to be quashed. In view of that, the FIR also deserves to be quashed qua the petitioners in CRM No. M-30184 of 2009. Considering the aforesaid facts, in my opinion, it is a case where continuation of proceedings is an abuse of process of law. Accordingly, the petitions are allowed and FIR No.86 dated 23.6.2009, registered under Sections 3, 4 and 5 of the Act, at Police Station Mehna, District Moga and all subsequent proceedings arising therefrom are quashed. 12.11.2009 ( Rajesh Bindal) vs. Judge