IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-22148 of 2010 Date of Decision:8.10.2010 Rajinder and others .... Petitioners Versus State of Haryana and another .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. A.S. Sullar, Advocate for the petitioners. Ms. Preeti Chaudhary, A.A.G. Haryana. **** 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) The present petition under Section 482 Cr.P.C. has been moved for quashing of FIR No.38 dated 26.2.2010 registered under Sections 363,366,120-B and 506 IPC at Police Station City Dadri, District Bhiwani. The FIR in question was got registered by respondent No.2, on the allegations that her daughter Shalu was kidnapped. Learned counsel for the petitioners contends that Shalu daughter of respondent No.2 got married with Dharminder Kumar son of petitioner No.4 on 20.10.2009 in Mandir at Charkhi Dadri. She was major at the time of marriage and solemnized marriage with her own free will and consent. It is further stated that Shalu Devi and Dharminder Kumar, who was alleged to be main accused in the FIR in question filed a Crl. M. No. 11824-M of 2010 for quashing of FIR and further with the prayer of protection of their lives and liberty before this Court. The said criminal miscellaneous petition was allowed by this Court vide order dated CRM M-22148 of 2010 -2- 13.7.2010 and FIR in question qua Dharminder Kumar was quashed wherein the statement of Shalu daughter of the complainant was recorded, which reads as under: “ I got married to petitioner No.2 Dharminder Kumar alias Bablu son of Gulab on 20.10.2009. My date of birth is 7.4.1991. I am happily residing with my husband. I got married out of my own free will. My mother is present in the Court but I do not want to accompany her. I wish to live with my husband.” Reply of Balbir Singh, HPS Deputy Superintendent of Police Loharu on behalf of respondent No.1-State has been filed. It is submitted in the reply that the cancellation report has been prepared in the FIR in question. The said report has been prepared on 6.10.2010 and it will be filed before the trial Court as soon as possible. After hearing learned counsel for the parties, I am of the opinion that the instant petition deserves to be allowed. In Crl. M. 11824-M of 2010 filed by the main accused, the only objection raised by the learned counsel for the complainant while relying on the School Leaving Certificate was that Shalu the daughter of the complainant was not major and was in fact born on 7.4.1995. However, this Court observed as under: “ The Date of Birth certificate issued by the Municipal Corporation, Charkhi Dadri which shows the date of birth of petitioner No.1 as 7.4.1991 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 CRM M-22148 of 2010 -3- 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.” Taking into account the facts and circumstances, preparation of cancellation report and particularly the fact that FIR in question has already been quashed by this Court qua the co-accused Dharminder Kumar, who was alleged to be the main accused vide order dated 13.7.2010 passed in Crl. M. 11824-M of 2010, which was filed at the behest of Shalu-daughter of the complainant, continuation of the proceedings is an abuse of the process of law and in case the trial is allowed to continue, the same is not likely to end to a conviction and allowing of such proceedings to go on will not serve any useful purpose. Moreover, the offence under Sections 363,366,120-B and 506 IPC cannot not be said to be made out. Accordingly, the present petition is allowed and FIR No.38 dated 26.2.2010 registered under Sections 363,366,120-B and 506 IPC at Police Station City Dadri, District Bhiwani and all subsequent proceedings arising therefrom are hereby quashed. 8.10.2010 ( NIRMALJIT KAUR ) rajeev JUDGE