IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-28440 of 2011 (O&M) Date of decision : 21.9.2011 Sukhchain Singh ....Petitioner Versus State of Punjab and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr.Gurnam Singh, Advocate for the petitioner. ..... MAHESH GROVER, J. The grievance that has been made in the present petition is that Manjeet Kaur was a minor and on the strength of misrepresentation an order has been procured from this Court. The Court is surprised at the argument that has been raised by the learned counsel for the petitioner. The order in plain language has stated that it does not confer any legitimacy to the factum of marriage and the age of the girl. That apart, in such like cases where a person expresses his or her desire to go with a particular person, the Court is not to make any order that can result in constraint of such a desire. Besides this, a Division Bench of the Delhi High Court has observed in Neetu Singh v. State 1999(1) PLR (Delhi) 47 that even a minor girl has a right to go with a person of her choice provided she is capable of understanding the situation. Crl.Misc.No.M-28440 of 2011 (O&M) -2- Having regard to the aforesaid settled proposition of law, I am of the opinion that the instant petition is totally misconceived and this remedy has been invoked despite the settled proposition of law to the effect that a Court in exercise of powers under Section 482 of the Code of Criminal Procedure in criminal jurisdiction cannot recall its own order. Consequently, the petition is dismissed. 21.9.2011 (MAHESH GROVER) JUDGE dss