Criminal Misc. No. M-18500 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-18500 of 2009 Date of Decision: 9.4.2010 Sunil Kumar Sareen alias Bomb and Others …Petitioners Versus State of Punjab and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. V.K. Sandhir, Advocate for the petitioners. Mr. J.S. Bhullar, Assistant Advocate General, Punjab, for respondent No.1. None for respondent No.2. Kanwaljit Singh Ahluwalia, J. (Oral) The petitioner has preferred present petition under Section 482 Cr.P.C. seeking quashing of FIR No. 237 dated 16.6.2009 registered at Police Station Civil Lines, Amritsar, under Sections 363, 366-A, 376, 506 and 120-B IPC (Annexure P1). A perusal of the FIR reveals that Harjeet Kaur, complainant/respondent, had lodged a complaint that her daughter Daaman Kalha, aged about 18 years, was kidnapped by the petitioners and she was raped many times by petitioner No.1. She further stated that the petitioners had made misrepresentation to her daughter and compelled her to marry petitioner No.1. Thus, the petitioners have Criminal Misc. No. M-18500 of 2009 2 committed an offence under Sections 363, 366-A, 376, 506 and 120-B IPC. In the present petition, birth certificate of Daaman Kalha has been annexed as Annexure P2, which shows her date of birth as 9.5.1991. Therefore, she was major being more than 18 years of age on the day of occurrence On 30.11.2009, a Co-ordinate Bench of this Court, had passed the following order: “Learned counsel for the petitioners states that the prosecutrix Daaman Kalha is major, being more than 18 years of age. It has also not been denied that the petitioner-Sunil Kumar and Daaman Kalha, have since got married on 10.06.2009. The girl is present in the Court, in person and states that she is married with the petitioner and is happily residing with him and she got married to him out of her own free will. Admitted. The proceedings in pursuance to FIR No. 237 dated 16.06.2009, registered under Sections 363/366-A/376/506/120-B IPC at Police Station Civil Lines, Amritsar, shall remain stayed”. A reliance has been placed upon a judgment rendered by this Court in Swaran Singh alias Gaganpreet Singh v. State of Punjab and Others (Criminal Misc. No. 43454-M of 2007, decided on 28.4.2008) wherein it has been held that even if a marriage is performed by a girl who is less than 18 years of age, continuation of the Criminal Misc. No. M-18500 of 2009 3 criminal proceedings will be an abuse of process of law. In the present case, the daughter of respondent No.2 is major and she had solemnized marriage with petitioner No.1 on 10.6.2009 against the wishes of her mother, respondent No.2. Hence, continuation of FIR will serve no useful purpose. Thus, the present petition is accepted and impugned FIR along with all the subsequent proceedings is quashed. (Kanwaljit Singh Ahluwalia) Judge April 9, 2010 “DK”