CRM No. M 2576 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 2576 of 2010 Date of decision: 02.02.2011 . Renu Sharma and another ........Petitioners Versus State of Punjab .......Respondent Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Vikram Preet Arora, Advocate for the petitioners Ms Neelam, AAg, Punjab for the respondent -.- 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 Cr.P.C. for quashing of FIR No. 6 dated 17.01.2010 under Section 363, 366, 380, 34, 120-B IPC, registered at Police Station Kurali, District SAS Nagar, Mohali. Brief facts of the case are that on 07.01.2010, petitioner No. 1 Renu Sharma who is major, came from her house and got married with petitioner No. 2 on 17.01.2010 at Balmiki Mandir, Sector 24, Chandigarh. The family of Renu Sharma was not happy over this marriage as they belong to Muslim family and girl belongs to Hindu family and the parents of Renu CRM No. M 2576 of 2010 2 Sharma threatened the petitioners that they will involve petitioner No.2 in a criminal cases. After that, Renu Sharma and petitioner No. 2 approached this Court vide CRM M 1704 of 2010 which was disposed of on 19.01.2010 with direction to SSP, Mohali, to look into the grievances of the petitioners and if found necessary, take appropriate action in accordance with law. On 17.01.2010, the uncle of Renu Sharma lodged the aforesaid FIR against petitioner No. 2 and his family members. The present petition has been filed by Renu Sharma herself and Mohd. Akram Ali alias Kabir Kumar. The said petition has been duly supported by a joint affidavit of both the petitioners. It is, therefore, evident that the petitioners are married to each other and petitioner No. 1 is living happily with her husband-petitioner No. 2. Reply by way of affidavit of Raj Balwinder Singh Marar, PPS, DSP Kharar, District SAS Nagar, Mohali has been filed. Para 2 of the preliminary submissions reads as under:- “2. That the petitioner sent a copy of their marriage certificate to the undersigned along with an application from petitioner NO. 1 stating therein that she had married with petitioner No. 2 and the FIR in question may be cancelled and she is living with her husband happily (petitioner No. 2). The said application and married certificate and a notice of news paper Aaj The Awaj changing the religion by petitioner NO. 2 from Muslim to Hindu was received on 1802.2010 and the undersigned sent the same to SHO PS Kurali for necessary action as per the documents but the proceedings of this case has already been stayed by the Hon'ble High Court.” CRM No. M 2576 of 2010 3 In view of the fact that the girl named in the said FIR, stated to have been kidnapped by petitioner No. 2 is happily living with petitioner No. 2 out of her own free will and has rather got married to petitioner No. 2, the said FIR is nothing but a sheer misuse of process of law. In view of these facts, no offence is made out. Accordingly, the present petition is allowed and FIR No. 6 dated 17.01.2010 under Section 363, 366, 380, 34, 120-B IPC, registered at Police Station Kurali, District SAS Nagar, Mohali and subsequent proceedings arising out of the same are hereby quashed. Allowed in the aforesaid terms. (Nirmaljit Kaur) Judge 02.02.2011 mohan