IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Crl. Misc. Application (C-482) No. 310 of 2010 1. Manjeet Gupta W/o Deepak Gupta 2. Deepak Gupta S/o Kailash Chandra Gupta Both R/o Ward No. 7, Sitarganj, District Udham Singh Nagar. 3. Dinesh Gupta S/o Sri Shishupal Gupta R/o Mohalla Chandkha, P.S. Baradari, District Bareilly (U.P.) 4. Khalil Ahmad s/o Shakeel Ahmad R/o Ward No. 3, Sitarganj District Udham Singh Nagar. ...…………. Petitioners Versus 1. State of Uttarakhand through Secretary Ministry of Home, Dehradun. 2. Iqbal Singh Bhullar S/o Lal Singh Bhullar R/o Ward No. 10, Sitarganj, District Udham Singh Nagar. ...…………. Respondents Mr. Dinesh Chauhan, Advocate for the petitioners. Mrs. Mamta Bisht, A.G.A. with Mr. M.A. Khan, Brief Holder for the respondent No. 1 / State. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the petitioners and learned counsel for respondent No. 1 / State. 2 2) Petitioner No. 1 Manjeet Gupta is present in person before this Court, and she was heard in person. 3) By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), the petitioners have sought quashing of the proceedings of Criminal Case No. 847 of 2009; State Vs. Deepak Gupta and others, relating to offences punishable under Section 366, 376, 417, 342, 120-B of I.P.C., pending in the court of Judicial Magistrate, Khatima, District Udham Singh Nagar. 3) Learned counsel for the petitioners pleaded that the petitioner No. 1 (daughter of respondent No. 2 Iqbal Singh Bhullar / complainant) was in love with petitioner No. 2 Deepak Gupta. It is further pleaded that the two got married with each other on 27th of July 2008. Copy of certificate of marriage is filed as Annexure –3 to the petition. It is further pleaded that petitioner no. 1 was major on the date of marriage, as her date of birth is 02.08.1985. In support of said plea copy of the High School marksheet is filed as Annexure –1 to the petition. The girl (petitioner No. 1) who is present in person before this Court, on enquiry affirmed that she is married to petitioner No. 2 Deepak Gupta. She further states that she had gone with him on her own volition. She is major. Apart from this, copy of application dated 19.09.2008, submitted by complainant Iqbal Singh Bhullar (respondent No. 2), Annexure –12 to the petition, shows 3 that he himself has written a letter to the District Magistrate stating that his daughter had married against his wishes with Deepak Gupta, and he would not keep any concern with his daughter. In said letter it is also admitted by the complainant that petitioner No. 1 and petitioner No. 2 are married in July 2008, against wishes of their parents. 4) In the above circumstances, in view of the principle of law laid down in Lata Singh Vs. State of U.P., (2006) 5 Supreme Court Cases 475, this Court is of the view that the impugned proceedings are liable to be quashed. Accordingly, the petition under Section 482 of Cr.P.C. is allowed. The proceedings of criminal case no. 847 of 2009, State Vs. Deepak Gupta and others, relating to offences punishable under Section 366, 376, 417, 342, 120-B of I.P.C., pending in the court of Judicial Magistate, Khatima, District Udham Singh Nagar, are hereby quashed. (Prafulla C. Pant, J.) Dt. April 15, 2010. H. Negi 4