Crl.Misc.No.M-33281 of 2009 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-33281 of 2009 (O&M). Date of Order: January 21, 2010. Seema and others .. Petitioners VERSUS State of Punjab and another .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.K.D.S.Sodhi, Advocate, for the petitioners. Mr.Arshvinder Singh, DAG, Punjab. Mr.Tarsem Lal, Advocate, for respondent No.2. M.M.S. BEDI, J. (ORAL) Through the instant petition under Section 482 Cr.P.C., the petitioners seek the quashing of FIR which was registered at the instance of Som Nath alleging that his daughter Reena aged 17 years eloped with a person named Killer Masih son of Gian Chand. Gold ornaments weighing 5 tolas belonging to the son of the complainant were also taken away by his daughter. The allegations of conspiracy have been levelled against Darshana wife of Wilson Masih, Jyoti son of Mohan Singh, Sukha son of Jodh, and . . . 1 Crl.Misc.No.M-33281 of 2009 (O&M) all are residents of Dheena Indira Colony. It is mentioned in the FIR that motorbike of Sahbi was used. Petitioner No.2 Emanial had helped boy and the girl where they stayed for quite sometime. Seema daughter of Wilson used to lend her telephone to the girl to enable her to talk. The main allegations are against Killer. Daughter of respondent No.2, appeared in the Court and has furnished an affidavit Annexure P-3 to the effect that she got married to Killer son of Gian Chand on 29.10.2009 at Arya Samaj Mandir, Chandigarh, without any pressure being in love with each other and that her date of birth is August 10, 1991. She has also admitted that a criminal miscellaneous No.30635 of 2009, Reena and another Vs. State of Punjab, for protection of life and liberty was filed by her and Killer Masih, in which order dated 30.10.2009, was passed giving a direction to the Senior Superintendent of Police, Jalandhar, to look into the representation and take appropriate steps. Even Reena appeared in the Court and admitted the authenticity of her affidavit on 08.12.2009. The quashing petition has been opposed by complainant contending that Reena Rani is minor and that he marriage, if any, is null and void. The allegation against the petitioners are absolutely vague and there is no evidence gathered during investigation indicating their conspiracy. It has been pointed out that there is a litigation pending between complainant- respondent No.2 and the petitioners. Taking into consideration the judgment in case . . . 2 Crl.Misc.No.M-33281 of 2009 (O&M) State of Haryana and others Vs. Ch.Bhajan Lal and others, AIR, 1992, Supreme Court, Page 604, and considering the allegations against the petitioner, I am of the opinion that on the basis of the allegations which are mentioned in the FIR, no offence is made out against the petitioners especially when there is no material available to establish conspiracy. In view of the statement made by Reena Rani, in the Court, that she has voluntarily married Killer, the continuation of the proceedings against the petitioners would be an abuse of process of the Court. FIR No.281 dated 27.10.2009, under Sections 363- A, 366 and 120-B IPC, registered at Police Station Sadar, Jalandhar, and all the proceedings emanating therefrom against the petitioners are hereby quashed. However, proceedings against the main accused Killer, may continue. Disposed of. (M.M.S.BEDI) JUDGE January 21, 2010. rka . . . 3