Criminal Misc.M.No.26501 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. M-No.26501 of 2011 Date of Decision : November 16, 2011 Jastinder Singh @ Fakir Mohammad and others. ...Petitioners Versus State of Punjab and another. ...Respondents CORAM; HON'BLE MR.JUSTICE ALOK SINGH 1. Whether Reporters of local news papers may be allowed to see judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr. Naresh Jain, Advocate for the petitioners. Mr.Abhisekh Chautala, AAG, Punjab. Alok Singh, J. Present petition is filed seeking quashing of the F.I.R No.37 dated 14.4.2011 under Sections 363, 366 and 109 IPC. F.I.R reads as under:- “Statement of Amritpal Singh s/o Late Bhajan Singh, Caste Majhbi Sikh, resident of village Sadhanwala, age about 22 years. It is stated that I am the resident of above said address and am a labourer. We are six brothers and sisters. The elder sister is Hardeep Kaur, I am younger to her and Mandeep Kaur, Sukhjeet Kaur, Deputy Singh and Parveen Kaur are younger to us. My father had expired six years ago. My elder sister Hardeep Kaur is already married and Criminal Misc.M.No.26501 of 2011 2 the other brother and sisters are unmarried. My sister Sukhjeet Kaur is studying at Guru Gobind Singh Public School, Village Sadanwala, in Class 10th and her age is about 17 years. Fakir Mohammad s/o Amrik Khan resident of Golewala was her teacher. His cousin Jagwant @ Jaggu s/o Lal and Bhinda s/o Resham, resident of Kot Karor Kalan used to come, to meet Fakir Mohammad at Village Sadanwala. Parminder Khan is a brother of Fakir Mohammad, and he is teacher in Government School Sadanwala. He also used to come to meet his brother Fakir Mohammad. They all used to convince my sister Sukhjit Kaur who is minor to marry with Fakir Mohammad and I have also come to know about this after inquiring from the school. On 11.04.11 whole of my family went off to sleep after having dinner. On the next day in the morning at about 5 a.m. we came to know that my sister Sukhjeet Kaur is not on her bed and Fakir Mohammad in connivance with his brother Parminder Khan uncle son's Jagwant @ Jaggu and Binda above said have took her away with an intention to get her married with Fakir Mohammad. Legal action may kindly be taken against them. Today I alongwih my cousin Rajwinder Singh s/o Bir Singh, caste Majbhi Sikh r/o Sadanwala, were going to give the information. We meet us on the way. The statement had been written, heard and it found to be correct. Sd/- Amrit Pal Singh.” Sukhjeet Kaur, duly identified by the learned counsel for the petitioner, who is alleged to have been abducted, is present in Court. On being asked, she has stated that she is major and she has married with Jastinder Singh-petitioner No.1, who is also present in Court. She also states that she does not wish to go to her parental house Criminal Misc.M.No.26501 of 2011 3 and she is ready and willing to live with petitioner No.1 as his wife and is living as such. She further states that she and Jastinder Singh have also filed one petition seeking protection of their lives and liberty before this Court, which has since been disposed off. She has further stated that she was never compelled or forced to marry with Jastinder Singh. She has gone with Jastinder Singh at her own. From the statement of Sukhjeet Kaur, I am satisfied that no offence under Sections 363, 366 and 109 IPC is made out. Mr.Abhishek Chautala, learned Assistant Advocate General, Punjab, on the instructions of ASI, Major Singh, I.O. has stated that the date of birth of Sukhjeet Kaur is 4.8.1993. As per the age informed by the I.O., she is more than 18 years of age. Since Sukhjeet Kaur is major and got married with petitioner No.1, therefore, no offence is made out against the petitioners. FIR stands quashed. Petition stands allowed. Sukhjeet Kaur is free to go and live with petitioner No.1. (Alok Singh) November 16, 2011 Judge BB