Criminal Misc. No. M- 27579 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M- 27579 of 2008 Date of Decision: 6.1.2009 Pooja and Another …Petitioners Versus State of Haryana and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Sat Narain Yadav, Advocate for the petitioners. Mr. S.S.Mor, Senior Deputy Advocate General, Haryana, for respondents No.1 and 2. None for respondents No.3 and 4. Kanwaljit Singh Ahluwalia, J. (Oral) Learned counsel for the petitioners has stated that the petitioners had married according to their own wish. Learned counsel for the petitioners has relied upon photographs (Annexure P4) to submit that the petitioners being adults were competent to marry and no offence has been committed. Notice of motion was issued. In response thereto, Mr. Ram Singh Bishnoi, Superintendent of Police, Rewari, has filed the reply. In preliminary submissions of the reply, it has been submitted as under:- “1. That the present FIR has already been Criminal Misc. No. M- 27579 of 2008 2 cancelled by the answering respondents qua the petitioners on 25.11.2008 on the basis of the evidence collected and the statements of prosecutrix Pooja as recorded under Section 161 Cr.P.C. and 164 Cr.P.C. wherein she has disclosed her willful elopement with the petitioner No.2 and her marriage on 20.10.2008 at Arya Smaj Mandir, Chandigarh out of her own free will and cancellation report has been forwarded to the concerned quarter by the answering respondents and as such the present petition has become infructuous and is liable to be dismissed on this account”. Since it has come in evidence that Pooja had eloped with petitioner No.2 and had performed marriage on 20.10.2008, therefore, the continuation of proceedings arising out of FIR (Annexure P5) are misuse and abuse of process of law and the same are liable to be quashed. Hence, the present petition is accepted and FIR No. 207 dated 20.9.2008 registered at Police Station Khol, District Rewari, under Sections 363, 366-A & 34 IPC is quashed. (Kanwaljit Singh Ahluwalia) Judge January 6, 2009 “DK”