Criminal Misc. No.M-8378 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-8378 of 2009 Date of decision : 20.11.2009 Varun Singh ....Petitioner Versus State of Haryana and others ...Respondents **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr.N.S.Shekhawat, Advocate for the petitioners. Mr. S.S.Patter, Senior Advocate General, Haryana Mr. Manoj Tewari, Advocate for respondent no.2. Mr. Ajit Atri, Advocate for respondent no.3. S. D. ANAND, J. The petitioner herein married respondent no.2 as a culmination of love affair. At the time of the marriage, both of them were majors. Annexure P-1 is the matriculation certificate issued by the Board of School Education, Haryana, wherein the date of birth of petitioner is recorded as 2.6.1981. Likewise, Annexure P-2 is a record-based certification issued by the Principal, Government Senior Secondary School, Aterna (Sonepat) wherein the date of birth of respondent no.2 is recorded as 18.6.1987. The petitioner and respondent no.2 got married on 11.9.2007. An FIR (No.190 dated 11.9.2007 under Sections 363 and 366 IPC, Police Station, Kundli, District Sonepat) was lodged by the natal family of respondent no.2 against the petitioner. Criminal Misc. No.M-8378 of 2009 -2- **** It is further apparent from the record that the petitioner and respondent no.2 had filed a petition (Criminal Misc. No.6768-M/2008) for seeking protection of their lives and liberty as they apprehended danger to their lives at the hands of the natal family members of respondent no.2 who were annoyed with petitioner and respondent no.2 for having entered into a matrimonial alliance without their consent. The plea was granted by a Coordinate Bench (Nawab Singh, J.) of this Court. Copy of that order is Annexure P-6. In view, thus, of the above discussion, it is apparent that the petitioner and respondent no.2 had attained majority by the time they entered into a matrimonial alliance. It cannot, thus, be said that petitioner herein was accountable for the offences under Sections 363 and 366 IPC. The allowance of the prosecution in case FIR (No.190 dated 11.9.2007 under Sections 363 and 366 IPC, Police Station, Kundli, District Sonepat) shall, thus, be an abuse of process of the law. The petitions shall stand allowed. The FIR (No.190 dated 11.9.2007 under Sections 363 and 366 IPC, Police Station, Kundli, District Sonepat) and the proceedings taken in consequence thereof shall stand quashed. Disposed of accordingly. November 20, 2009 (S. D. ANAND) Pka JUDGE