Crl. Misc. No. M-8511 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-8511 of 2009 DATE OF DECISION: January 08, 2010 Nand Kishor and another .........PETITIONER(S) VERSUS State of Punjab and another ......RESPONDENT(S) CORAM: HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. Veneet Sharma, Advocate, for the petitioners. Mr. Anter Singh Brar, Sr. DAG, Punjab. None for respondent no. 2. AJAI LAMBA, J. (ORAL) This petition has been filed under Section 482 Cr.P.C. for quashing FIR No. 25 dated 17.07.2008 under Sections 363/366-A and 120- B IPC, P.S. C-Division, Amritsar and all subsequent proceedings. Learned counsel for the petitioners contends that in the incident, Ms. Prabhjeet would be the victim. Ms. Prabhjeet, however, had eloped of her own free will whereupon her father became agitated and lodged the FIR. In fact, Prabhjeet had appeared before the Court and swore an affidavit giving details of her conduct which would indicate that no offence has been committed by the petitioner. Learned counsel for the respondent-State has not been able to dispute Crl. Misc. No. M-8511 of 2009 2 that Ms. Prabhjeet appeared in Court and swore affidavit on 26.03.2009. I have considered the issue. Perusal of affidavit of Prabhjeet sworn on 26.03.2009 shows that she got married to the son of the complainant/respondent no. 2 on 10.07.2008 at Gurudwara Sahib Gujjarpura, Amritsar of her own free will and without coercion. She has further stated that she is living happily in her matrimonial home. Considering the fact that the only allegation in the FIR is to the effect that Prabhjeet had been enticed away by Mani s/o Nand Lal on the pretext of marrying her, in view of the statement of the alleged victim in the affidavit, no offence is spelt out. The petitioners are parents of husband of Prabhjeet. In such circumstances, no legal purpose shall be served by continuance of proceedings as Ms. Prabhjeet would be the only relevant witness of the facts alleged in the FIR. By way of appearing in this Court and swearing an affidavit, she has clearly stated that no offence has been committed. Notice was issued to the complainant i.e. father of Prabhjeet who, however, despite service, had not put in appearance. Considering the statement of Prabhjeet, this petition is allowed. FIR No. 25 dated 17.07.2008 under Sections 363/366-A and 120-B IPC, P.S. C- Division, Amritsar and all subsequent proceedings are hereby quashed. 08.01.2010 (AJAI LAMBA) shivani JUDGE