CRM No. M 19236 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 19236 of 2010 Date of decision: 21.02.2011 Sukhjinder Singh ........ Petitioner Versus State of Haryana etc. .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr.Tribhawan Singla, Advocate for the petitioner Mr. Amit Rana, DAG, Haryana for the respondent - State None for respondent No. 4 -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. This is a petition under section 482 Cr.P.C for quashing of FIR No. 23 dated 09.02.2009 under Section 363, 366 of Indian Penal Code, registered at Police Station Kalianwali being the abuse of process of law as the petitioner is already married to the daughter of respondent No. 4/complainant. Respondent No. 4/complainant got registered the aforesaid FIR against the present petitioner on the ground that he apprehended that his daughter Gagandeep Kaur was allured and taken by the petitioner. CRM No. M 19236 of 2010 2 Notice of motion was issued. No one has put in appearance on behalf of respondent No. 4 in spite of service. However, daughter of respondent No. 4, namely, Gagandeep Kaur and petitioner Sukhjinder Singh are present in Court. They are identified by the learned counsel for the petitioner. Gagandeep Kaur has also got recorded her statement separately in Court today, stating therein, that she got married to the petitioner on 09.05.2010 and her date of birth is 25.04.1992. She was major at the time of her marriage. She is staying with her husband happily as his wife and she wants to stay with him. In fact, the present petitioner along with Gangandeep Kaur had filed CRM M 16145 M 2010 in this High Court. The same was disposed of on 27.05.2010 as under;- “The petitioners are a newly married couple. The present petition has been filed for directing respondents No.1 to 4 to protect their life and liberty. The date of birth of petitioner No.1 as per her birth certificate (Annexure P1) issued by the Health and Family Welfare Department, Chief Registrar, Births and Deaths, Punjab is 25.4.1992 and that of petitioner No.2 as per his school leaving certificate (Annexure P2) issued by the Headmistress, Government Elementary School, Mehta (Barnala) is 13.4.1987. The petitioners have solemnized their marriage amongst themselves on 9.5.2010. Before marriage, petitioners had tried their level best to convince their parents about their liking for each other. However, the parents of both the petitioners wanted to marry the petitioners elsewhere as the petitioners belong to different castes. Petitioner No.1 has been living with her maternal grandparents at Bathinda. Her parents (respondents No.4 and 5) had CRM No. M 19236 of 2010 3 tried to forcibly marry her elsewhere. Therefore, she left her home and started residing with some relative. When the parents (respondents No.4 and 5) of petitioner No.1 came to know that petitioner No.1 likes petitioner No.2 and wants to marry him, they got registered FIR No.23 dated 9.2.2009 at Police Station Kalianwali, District Sirsa alleging commission of offences under Sections 363, 366 IPC. Since the said day, both the petitioners are on run to save their lives from the private respondents who are the parents, uncle and aunt respectively of petitioner No.1. The petitioners solemnized their marriage at Gurudwara Shri Hargobind Sahib, Padsahat Sixth Sidhwan Kalan, Ludhiana. Marriage certificate dated 10.5.2010 (Annexure P3) issued by the aforesaid Gurudwara and the photographs (Annexure P4) of the marriage have been placed on record. On account of the danger to their life and liberty, the petitioners submitted a representation dated 11.5.2010 (Annexure P5) to the Senior Superintendent of Police, Barnala (respondent No.2) for protecting their life and liberty. Despite the said representation, the threat to the petitioners persists. Therefore, they have filed the present petition. Both the petitioners are present in Court and are identified by their counsel. It is stated by petitioner No.1 that she has solemnized her marriage with petitioner No.2 of her own free will and desire and without any kind of pressure or undue influence. She is happy with her marriage. Keeping in view the facts and circumstances of the case, the criminal miscellaneous petition is disposed of with a direction to respondents No.2 to 4 that in case the petitioners approach any of them setting out their grievances as have been made in the present petition, CRM No. M 19236 of 2010 4 the same would be looked into by them independently and in accordance with law.” It is evident from the above order as well as the statement of Gagandeep Kaur that the daughter of respondent No. 4 left with the petitioner out of her own free will and the petitioner did not mislead her. She was never abducted or kidnapped by the petitioner. She is still residing with the petitioner as his wife. As such, no offence under Section 363, 366 IPC is made out against the present petitioner. The present FIR is, therefore, nothing but an misuse of process of law. In view of the above, the present petition is allowed and FIR No. 23 dated 09.02.2009 under Section 363, 366 of Indian Penal Code, registered at Police Station Kalianwali and all the subsequent proceeding arising therefrom are hereby quashed. (Nirmaljit Kaur) Judge 21.02.2011 mohan