Crl. Misc. No.M-40858 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-40858 of 2007 Date of decision : 8.04.2010 Mohd. Shabir alias Sheebu and others .... Petitioners VERSUS State of Punjab and another ....Respondents CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Anil Chaudhary, Advocate, for the petitioners. Mr. Mehardeep Singh, DAG, Punjab. KANWALJIT SINGH AHLUWALIA, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.143 dated 07.07.2006 registered at Police Station Malerkotla under Sections 363, 366A & 120-B IPC. The abovesaid FIR was registered on the statement made by Arshad Khan who stated that his sister Mehnaaz alias Munna aged less than 15 years had been allured by petitioner No.1 Mohd. Shabir alias Sheebu and thus she had been taken away from the lawful custody of her parents from 2.07.2006. Mehnaaz alias Munna appeared before a Coordinate Bench of this Court on 27.09.2007 and the following order was passed:- “Despite service, no one has put in appearance on behalf of respondent No.2. The girl, allegedly abducted, is present in Court. She states that she is married to petitioner No.1 and having an issue out of this marriage. Crl. Misc. No.M-40858 of 2007 -2- Mr. Berry seeks time to file reply. On his request, adjourned to 6.12.2007. Further proceedings shall remain stayed.” Counsel for the petitioners submits that Mehnaaz alias Munna though was minor at the time of occurrence has now become major and is lawfully married to petitioner no.1 and out of the wedlock, two children have been born. Eldest child being son was born on 9.01.2007 and thereafter a daughter was born on 16.07.2008. He further submitted that petitioner no.1 Mohd. Shabir alias Sheebu and Mehnaaz alias Munna are living happily. She was married to Mohd. Shabir alias Sheebu. Petitioner no.2 is father of petitioner no.1 and petitioner no.3 is a family friend. Counsel also rely upon Annexure P-3 wherein a Coordinate Bench of this court had granted pre-arrest bail on March 21, 2007. In the order granted pre- arrest bail (Annexure P-3), the following observations have been made:- “Mehnaz, the lady involved in whose context the offence under Sections 363/366-A was lodged, is present in court as identified by her lawyer, Mr. Anil Chaudhary, Advocate. Her affidavit Sworn on 21.03.2007 has also been filed. In the affidavit, it has been stated that Mehnaz along with her minor child is presently residing in her matrimonial home i.e. in the house of her husband namely Mohammad Shabir. The petitioner is the father of Mohammad Shabir.” Counsel for the State on instructions from Head Constable Jagtar Singh, Police Station, Malerkotla has stated that it is a fact that petitioner no.1 – Mohd. Shabir alias Sheebu and Mehnaaz alias Munna (ho was allegedly abducted) are living as a husband and wife. Crl. Misc. No.M-40858 of 2007 -3- In view of this, no useful purpose will be served by continuing with the criminal proceedings. Therefore, in the larger interest, present FIR is quashed along with all consequential proceedings. Petition is accepted. (KANWALJIT SINGH AHLUWALIA) 8.04.2010 JUDGE manju