IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.38995-M of 2007 DATE OF DECISION : AUGUST 12, 2008 VIKRAM KUMAR @ BANTI & ANR. ....... PETITIONER(S) VERSUS THE STATE OF PUNJAB .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr.RD Bawa, Advocate, for the petitioner(s). Mr. KS Sidhu, DAG, Punjab. AJAI LAMBA, J. (Oral) This petition has been filed under Section 482, Code of Criminal Procedure, for quashing of FIR No.26 dated 10.2.2007 under Sections 363, 366, 34, Indian Penal Code, Police Station, Islamabad, District Amritsar (Annexure P-7). The contention of the learned counsel for the petitioners is that petitioner No.1-Vikram Kumar alias Banti and petitioner No.2-Sobia got married on 17.5.2007. A report was made to the police by Ashok Kumar, father of Sobia. During investigation, the statement of Sobia was taken under Section 164, Code of Criminal Procedure, wherein she stated that she had married Vikram Kumar alias Banti and was living happily with him. Learned counsel for the petitioners points out that on the date Criminal Misc.38995-M of 2007 2 of marriage, Sobia was a major and, therefore, of legally marriageable age. Learned counsel for the respondent-State has also confirmed the fact that on the date of marriage, Sobia was of marriageable age. It has been further pointed out that petitioners No.1 and 2 are living as husband and wife in their matrimonial home and have no quarrel. Having regard to the facts and circumstances stated above, continuance of proceedings shall destroy the matrimonial life of petitioners No.1 and 2. The FIR was lodged at the instance of Ashok Kumar who, I am told, is no more. In any case, Sobia being happily married and the marriage having been performed when she was of legally marriageable age, continuance of the proceedings shall cause manifest injustice. In view of the above, the petition is allowed and the FIR (Annexure P-7) is quashed. August 12, 2008 ( AJAI LAMBA ) Kang JUDGE