CRM No. M 6446 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 6446 of 2010 Date of decision: 07.07.2010 Jagir Singh and another ........ Petitioners Versus State of Punjab and another .......Respondents Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Surinder Sharma, Advocate for the petitioners Mr. K S Pannu, DAG, Punjab for the respondent State Mr. H S Baath, Advocate for respondent No. 2 -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. This is a petition under Section 482 of the Code of Criminal Procedure for quashing of FIR No. 381 dated 06.10.1999 under Sections 363, 366 of Indian Penal Code (AnnexureP-2) registered at Police Station Sadar, Jalandhar and all subsequent proceedings arising out of the same. Facts of the case, in brief, are that petitioners No. 1 and 2 were residing in the same locality and were known to each other. In the month of September, 1999, both the petitioners left their houses without informing any person and went to Hyderabad to the relatives and on 13.10.1999, they CRM No. M 6446 of 2010 2 got married with each other as per Sikh rites and ceremony in Gurudwara Sahib Baram Sikh Chawnitat Hyderabad. After the marriage, the petitioners resided at different places. From the wedlock, three children were born. However, Respondent No. 2 - complainant father of petitioner No. 2 got registered FIR No. 381 dated 06.10.1999 under Sections 363/366 B of Indian Penal Code against petitioner No. 1. Notice was issued. Learned counsel for respondent No. 2 chose not to file any reply. Thus, the contents of the petition are not disputed. The Court in order to satisfy itself, recorded the statements of petitioner No.1 Jagir Singh and petitioner No.2 Rajvant Kaur in Court today. In their statements, both the petitioners have stated that they got married to each other on 10.10.1999 at Gurudwara Sahib Baram Sikh Chawnitat Hyderabad as per Sikh rites and are happily residing together. It was also stated by them that three children were born out of the said wedlock. Whereas, respondent No. 2, the father of petitioner No. 2 is still threatening them and continuously interfering in the matrimonial life. In view of the aforesaid admitted position and especially in view of the statement of petitioner No. 2 supporting the pleadings in the petition and taking into account that she herself has come forward to file the petition for quashing, the registration of the FIR in question is nothing but an abuse of process of law and no offence under Section 366-B IPC is made out against petitioner No. 1. Accordingly, the present petition is allowed and FIR No. 381 dated 06.10.1999 under Sections 363, 366 of Indian Penal Code CRM No. M 6446 of 2010 3 (AnnexureP-2) registered at Police Station Sadar, Jalandhar and all subsequent proceedings arising out of the same are hereby quashed. (Nirmaljit Kaur) Judge 07.07.2010 mohan