Crl. Misc. No.M-11824 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-11824 of 2010 Date of Decision: 13.07.2010 Shalu Devi & another ....Petitioners Versus State of Haryana and others ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. A.S. Sullar, Advocate for the petitioners. Ms. Preeti Choudhary, A.A.G., Haryana for the respondent-State. Mr. Sumit Sangwan, Advocate for respondents No.4 to 8. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. (ORAL) This is a petition under Section 482 Cr.P.C. for quashing of FIR No.38 dated 26.02.2010 under Sections 363, 366, 120-B and 506 IPC registered at Police Station City Dadri, District Bhiwani and all subsequent proceedings qua petitioner No.2 with a further prayer to protect the life and liberty of the petitioners who have married against the wishes of respondents No.4 to 8. It is contended by learned counsel for the petitioners that the petitioner No.1 got married with petitioner No.2 on 20.10.2009 in a Mandir at Charkhi Dadri. On 26.02.2010, FIR bearing No.38 dated 26.02.2010 under Sections 363, 366, 506 and 120-B IPC was got registered by Angoori Devi-respondent No.4 and mother of petitioner No.1. It is further stated that the petitioner No.1 is major and solemnized marriage with Crl. Misc. No.M-11824 of 2010 2 petitioner No.2 as per her own free will and consent. Learned counsel for respondents No.4 to 8, however, relied on the School Leaving Certificate to say that the petitioner was not major and was in fact born on 07.04.1995. Learned counsel for the parties have been heard. The Date of Birth certificate issued by the Municipal Corporation, Charkhi Dadri which shows the date of birth of petitioner No.1 as 07.04.1991 is appended with the petition, whereas, the School Certificate is of Saini High School which is a private school. The Date of Birth Certificate issued by the Municipal Corporation, Charkhi Dadri will have more evidentiary value as the same is issued by the competent authority. The said certificate is not disputed. Thus, the petitioner No.1 is major. As of today, the petitioners are happily residing together. A separate statement of Shalu Devi-petitioner No.1 was got recorded by her before this Court. As per the statement, she accompanied petitioner No.2 out of her own free will. It is stated by her that her Date of Birth is 07.04.1991 and she married the petitioner No.2 out of her own free will. The present quashing petition is also filed at her behest. Thus, no offence under Sections 363, 366, 120-B and 506 IPC is made out against petitioner No.2. Accordingly, the present petition is allowed and FIR No.38 dated 26.02.2010 under Sections 363, 366, 120-B and 506 IPC registered at Police Station City Dadri, District Bhiwani and all subsequent proceedings qua petitioner No.2 are hereby quashed being misuse of process of law. (NIRMALJIT KAUR) 13.07.2010 JUDGE gurpreet