IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-12016 of 2009 (O&M) Date of decision: 18th May, 2009 Baljit Singh … Petitioner Versus State of Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Sanjay Gupta, Advocate for the petitioner. Mr. Anter Singh Brar, Deputy Advocate General, Punjab for the State. Mr. Rajeev Gupta, Advocate for respondent No.5. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of the FIR No. 39 dated 05.12.2008 registered at Police Station Pojewal, District Nawanchahar under Sections 366, 120-B IPC. Counsel for the State, on instructions from ASI Kewal Singh of Police Station Pojewal, has stated that statement of Kulwinder Kaur, who is legally wedded wife of Baljit Singh, has been recorded and cancellation report shall be filed in the Court of concerned Judicial Magistrate, within three months from today. Present petition has been filed by Baljit Singh. It is stated in the petition that petitioner is 26 years old and had married Kulwinder Kaur, who is aged about 20 years. In support of this, petitioner has relied upon identity card issued by the Election Commission (Annexure P-1) and Criminal Misc. No. M-12016 of 2009 (O&M) Matriculation Certificate issued by Punjab School Education Board (Annexure P-2). In the Matriculation Certificate (Annexure P-2), date of birth of Kulwinder Kaur is shown as 23rd October, 1989. Petitioner has also relied upon photographs (Annexure P-3), to state that marriage was performed between petitioner Baljit Singh and Kulwinder Kaur. Father of Kulwinder Kaur, Jagtar Singh respondent No.4 had lodged the FIR against Baljit Singh for enticing away his daughter. Kulwinder Kaur is present in Court. She has been identified by her counsel, Mr. Rajeev Gupta. Counsel for the petitioner has stated that Kulwinder Kaur is pregnant and is having five months old pregnancy. The Investigating Officer has also stated that he will submit cancellation report. Since Baljit Singh and Kulwinder Kaur are married and they have performed marriage according to their own free will, without any coercion and duress, it cannot be said that Kulwinder Kaur was abducted or kidnapped from lawful custody of her father, Jagtar Singh. A perusal of the FIR also reveals that age of Kulwinder Kaur is 19 years. Taking into consideration statement made by the Investigating Officer that cancellation report is to be submitted, I am of the view that a newly married couple will be put to great harassment if they have to wait for three months for submission of cancellation report. Since no offence is made out in the facts and circumstances of the present case, present petition is accepted and the FIR No. 39 dated 05.12.2008 registered at Police Station Pojewal, District Nawanchahar under Sections 366, 120-B IPC, along with all subsequent proceedings, is quashed. [KANWALJIT SINGH AHLUWALIA] JUDGE May 18, 2009 rps 2