Crl. Misc. No. M-10346 of 2008 (O&M) -1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-10346 of 2008 (O&M) Date of Decision: 25.7.2011. Sukhdev Singh and another .......Petitioners Vs. State of Punjab and others ......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. L.M.Gulti, Advocate for the petitioners. Mr. Vishal Munjal, Addl. A.G. Punjab for respondent No.1 and 2. Mr. Parveen Chauhan, Advocate for respondent No.3. ..... SABINA, J. Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR No. 399 dated 09.10.2007, under Sections 420, 418, 177, 197, 198 of the Indian Penal Code ('IPC' for short), registered at Police Station Civil Lines, District Amritsar (Annexure P-5). Complainant Tehsildar-cum-Registrar of Marriage, Amritsar had lodged the complaint against the petitioners alleging therein that on 5.9.2007, a marriage was registered. Sukhchain Singh father of the girl had moved a complaint that he did not know qua the marriage of his daughter and action be taken against the attesting witnesses. After hearing the learned counsel for the parties, I am of the opinion that the instant petition deserves to be allowed. Crl. Misc. No. M-10346 of 2008 (O&M) -2 - In the case of State of Haryana vs. Bhajan Lal , , 1992 Supp(1) Supreme Court Cases 335, the Apex Court has held as under:- “The following categories of cases can be stated by way of illustration wherein the extraordinary power under Article 226 or the inherent powers under Section 482, Cr.P.C. Can be exercised by the High Court either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently chennelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised:- (1) Where the allegations made in the first information report or the complainant/respondent No.2, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1)of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in Crl. Misc. No. M-10346 of 2008 (O&M) -3 - the FIR or complaint and the evidence collected in support of the same do no disclose the commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a Police Officer without an order of Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted)to the institution and continuance of the proceedings and/or where there is specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of aggrieved party. 7. Where a criminal proceeding is manifestly attended with mala fide and/or where the proceedings is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Crl. Misc. No. M-10346 of 2008 (O&M) -4 - We also give a note of caution to the effect that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases; that the court will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice.” Kuldip Kaur-daughter of the respondent No.3 had filed a Criminal Miscellaneous No. 45258-M of 2007 along with her husband seeking protection of their life and liberty. Vide order dated 17.9.2007, this court disposed of the petition with a direction that Senior Superintendent of Police, Majitha shall look into the matter and take appropriate action, in accordance with law. Respondent No.3 lodged a FIR No. 218 dated 7.9.2007 under Sections 363, 366, 380 IPC at Police Station Jandiala District Amritsar against Harjinder Singh. Learned counsel for the petitioner has submitted that the said FIR was quashed by this court vide order dated 30.4.2008 in Criminal Miscellaneous No. 46669-M of 2007. A perusal of Annexure R/T-4 reveals that petitioner No.1 had stated before the Registrar of Marriage that he new the married couple and their marriage had been performed in accordance with Sikh rites. Petitioner No.2 had made statement (Annexure R/T-3) before the Registrar of Marriage that Kuldip Crl. Misc. No. M-10346 of 2008 (O&M) -5 - Kaur was daughter of his mother's sister and had solemnized marriage with Harjinder Singh. Since Kuldip Kaur and Harjinder Singh are residing happily and the FIR got registered against Harjinder Singh by respondent No.3 has since been quashed (the original file in Criminal Miscellaneous No. 45258-M of 2007 was summoned), continuation of the criminal proceedings against the petitioners would be nothing but an abuse of process of law. Accordingly, this petition is allowed. FIR No. 399 dated 09.10.2007, under Sections 420, 418, 177, 197, 198 IPC, registered at Police Station Civil Lines, District Amritsar (Annexure P-5) and all the subsequent proceedings, arising therefrom, are quashed. (SABINA) JUDGE July 25, 2011 Gurpreet