CRM No. M-29875 of 2008 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-29875 of 2008 (O&M) Date of decision: 16.03.2009 Kuldeep Singh and others ...Petitioners Versus State of Punjab and another ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. GS Jagpal, Advocate, for the petitioners. Mr. Shailesh Gupta, DAG, Punjab. Mr. G.S. Sandhawalia, Advocate, for the complainant. Rajan Gupta, J. The petitioners have filed this petition under Section 482 Cr.P.C. for quashing of FIR No.111 dated 20th September, 2008, under Sections 365, 366, 376, 148 and 149 IPC, registered at Police Station Mehatpur, District Jalandhar (Annexure P-5) and the subsequent proceedings arising therefrom. Learned counsel for the petitioners has referred to affidavit of petitioner No.6, which has been placed on record. It has been contended that in view of the affidavit submitted by the the prosecutrix i.e. petitioner No.6, no offence under Sections 365, 366, 376, 148 & 149 IPC is made out. Mr. Sandawalia, who has appeared on behalf of respondent No.2 i.e. the complainant, has stated that neither the complainant nor his CRM No. M-29875 of 2008 2 daughter want to continue with the FIR. Both the counsel have agreed that petitioners No.5 and 6 got married against the wishes of their parents, as a result of which the present FIR was lodged. However, later the petitioner no.6 decided to live with her parents and to move a petition under Section 13-B of the Hindu Marriage Act for dissolution of marriage by mutual consent. The affidavit of petitioner No.6 has been annexed as Annexures R-2/2 by respondent No.2/complainant. In the facts and circumstances of the case, learned counsel for the State, (on the instructions from ASI Dalbir Singh, who is present in Court), has stated that keeping in view the affidavit filed by the prosecutrix i.e. petitioner No.6, a cancellation report would be filed before the competent court of jurisdiction within three months after recording her statement, if necessary. In view of the statement made by the learned counsel for the State, no cause of action survives in this petition. The same has been rendered infructuous. Disposed of as such. (RAJAN GUPTA) JUDGE March 16, 2009 'rajpal'