CRM No. M 25358 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 25358 of 2010 Date of decision: 14.10.2010 Neeraj and another ........Petitioners Versus State of Haryana and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Gourav Jain, Advocate for for the petitioners Ms Preeti Chaudhary, AAG, Haryana for the respondent - State Mr. Vijender- respondent No. 2 in person Mr. Amit Kumar Jain, Advocate for respondent No. 3 -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This is a petition under Section 482 Cr.P.C. for quashing of FIR No.282 dated 13.07.2010 under Section 363, 366-A, 506, 34 of Indian Penal Code (Annexure P-2), registered at Police Station Narnaud, District Hisar. Brief facts giving rise to filing of present petition are that petitioner No. 1 fell in love with respondent No. 3 and after attaining the age of majority, with a view to marry each other left their parental homes on 17.06.2010. Since petitioner No. 1 and respondent No. 3 were aware that due to caste differences between their families, parents of respondent No.3, CRM No. M 25358 of 2010 2 including respondent No. 2 will not agree to their marriage, as such, present petitioner No. 1 and respondent No. 3 approached this Court on 18.08.2010 by way of filing CRM No. M 23962 of 2010, titled as Jyoti Rohila and anr. v. State of Haryana etc, for issuance of direction for protection of their life and liberty and the same was allowed by this Court with direction to Superintendent of Police Hisar to look into the matter and take appropriate steps for protection of life and liberty of petitioner No. 1 and respondent No. 3 if the need so arises. As apprehended by petitioner No. 1 and respondent No. 3, father of respondent No.3 i.e. respondent No. 2 got the present FIR registered at police station Narnaud, District Hisar against the present petitioners. It was contended that the daughter of respondent No. 2 is major as her date of birth is 01.09.1990 and since she has left her parental home on her own and not under any coercion or pressure by any person, no offence under Section 363, 366-A, 506, 34 of Indian Penal Code is made out against the present petitioners. Respondent No. 3 is major and has left her parental home on her own and she is residing happily with petitioner No. 1 after their marriage. Affidavit duly sworn in by respondent No. 3 stating therein that she is living a happy married life with petitioner No. 1 and that she is not ever kidnapped or abducted by present petitioners and she has left her parental home on her own is also placed on record. The parties are present in Court today. The aforesaid FIR was got registered by respondent No.2 Vijender against the present petitioners. Petitioner No. 1 is the husband of daughter of respondent No. 2-complainant,whereas, petitioner No. 2 is the CRM No. M 25358 of 2010 3 father of petitioner No. 1. Jyoti daughter of Vijender-respondent No. 3 is present in Court with her husband-petitioner No. 1. She got her statement recorded separately in Court stating therein that the aforesaid FIR was got registered by her father-respondent No. 2. Her date of birth is 01.09.1990 and she is major. She also stated that she got married with petitioner No. 1 and is residing with him happily. Respondent No. 2 Vijender is also present in Court in person whose identity has been verified by Investigating Officer-ASI Rameshwar, P S Narnaud. He also got recorded his statement in Court today stating therein that his daughter, namely, Jyoti has got married with petitioner No.1 against his wishes. However, he has no objection to their living happily together. In view of the above and taking into account that the parties are major and admittedly they got married and are staying together, continuation of the aforesaid FIR is nothing but a misuse of process of law. Accordingly, the present petition is allowed and FIR No.282 dated 13.07.2010 under Section 363, 366-A, 506, 34 of Indian Penal Code (Annexure P-2), registered at Police Station Narnaud, District Hisar and further proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 14.10.2010 mohan