CRM No. M-14323 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM No. M-14323 of 2010 Date of Decision : December 19, 2011 Chandani wife of Saleem and another .... PETITIONERS Vs. State of Haryana and another ..... RESPONDENTS CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH * * * Present : Mr. Pankaj Jain, Advocate, for the petitioners. Mr. Raja Sharma, AAG, Haryana. None for respondent No. 2. * * * AUGUSTINE GEORGE MASIH, J. (ORAL) Prayer in this petition is for quashing of FIR No. 357 dated 03.06.2009 under Sections 363, 366 IPC registered at Police Station Ballabgarh City, District Faridabad along with all consequential Proceedings arising therefrom. CRM No. M-14323 of 2010 2 It is the contention of the counsel for the petitioners that the present FIR has been lodged against petitioner No. 2-Saleem son of Rehman by Dharmendra @ Pappu, father of petitioner No. 1, when petitioner No. 1, namely, Chandni, against the wishes of respondent No. 2, went away with petitioner No. 2 and got married as per Muslim rites on 01.10.2009. He contends that as petitioner No. 1 and petitioner No. 2 belong to different religions, there was opposition on the part of respondent No. 2. Even as per the FIR, if the date of birth of petitioner No. 1 is taken to be correct, she was more than 17 years of age and in the light of the fact that they have got married and now residing together as husband and wife and also have 1 ½ years old male child, namely, Sameer out of the wedlock, the continuation of the present proceedings against petitioner No. 2 would be against the interest of justice. He further contends that since prior to the marriage, petitioner No. 1 has converted to Islam and the age of majority for marriage, as per Islam, is the date of puberty, which petitioner No. 1 had attained and, therefore, the proceedings in the present FIR cannot sustain as no offence is made out especially when she had appeared before the trial Court on 03.10.2011 during the pendency of the present petition and stated that she had got married with Saleem on her own free will and had gone with him on her own and out of the wedlock, there is a male child born, who is 1 ½ years old. He, on this basis, contends that the present petition deserves to be allowed. CRM No. M-14323 of 2010 3 On the other hand, counsel for the State submits that petitioner No. 1 was although more than 17 years of age but was still not a major and, therefore, the offence under Sections 363 and 366 IPC is clearly made out. He does not dispute the fact, on instructions from ASI Mahender Pal, Police Station City Ballabgarh, District Faridabad, that petitioners No. 1 and 2 are residing as husband and wife and out of the said wedlock, there is a 1 ½ years old male child. Notice in this petition was issued to respondent No. 2- complainant-Dharmendra @ Pappu, who was duly served but has chosen not to appear and contest the claim made by the petitioners. I have heard the counsel for the parties and have gone through the records of the case. As per the averments made in the petition, petitioner No. 1-Chandni was more than 17 years of age. She converted to Islam and after conversion to Islam, she got married to Saleem-petitioner No. 2 as per Islamic rites and rituals. Nikahnama dated 01.10.2009 is appended along with the petition as Annexure P-2. It is not in dispute that petitioner No. 1 has now attained majority and she has now deposed before the trial Court on 03.10.2011 that she is residing with Saleem-petitioner No. 2 as his wife and out of the wedlock, a child was born, who is now 1 ½ years old. She had further deposed that she had got married to Saleem on her own free will and had gone with him without any undue duress or pressure. Keeping in view the peculiar facts and circumstances of the present case and in the light of the fact that respondent No. 2 has CRM No. M-14323 of 2010 4 not come forward to contest the present petition, the interest of justice would be duly served by bringing an end to the proceedings which would otherwise not be conducive to the welfare of petitioner No. 1 and the child of the petitioners, who is an infant, as they both are fully dependent on petitioner No. 2 for their day to day needs and he is the only bread winner. In view of the above, the present petition is allowed. FIR No. 357 dated 03.06.2009 under Sections 363, 366 IPC registered at Police Station Ballabgarh City, District Faridabad along with all consequential Proceedings arising therefrom, are hereby quashed. (AUGUSTINE GEORGE MASIH ) December 19, 2011 JUDGE pj