CRM -M No. 35145 of 2009 Aarif vs. State of Haryana and others Present: Mr. Satish Chaudhary, Advocate for the petitioner. Mr.Ranvir Singh Arya, DAG, Haryana. *** Ajay Tewari, J. (Oral) This is a petition for quashing FIR No.339 dated 7.10.2009 under Sections 363/366-A IPC and 376/120-B IPC (added later on), registered at Police Station Punhana, District Mewat. On 14.12.2009 the following order was passed:- “Notice of motion. On asking of the Court, Mr.A.S.Ghangas, Addl.AG, Haryana accepts notice on behalf of respondent No.1. Learned counsel for the petitioner undertakes to supply one copy of paper book to the learned State counsel during the course of the day.” Mr.L.S.Mann, Advocate puts in appearance on behalf of respondent No.2 and corroborates the fact that the respondent has voluntarily married with petitioner and living in his house while the petitioner is languishing in jail. Adjourned to 22.12.2009.” Today respondent No.2-complainant is present and she has confirmed to me that she wants to stay with the petitioner and further that she is staying in the house of the petitioner. She is identified by her counsel Mr.L.S.Mann. Considering the fact that respondent No.2 is adamant on staying with the petitioner, no useful purpose would be served by continuing this prosecution. Even though it cannot be disputed that the CRM -M No. 35145 of 2009 -2- judgment in the case of Kulwinder Singh and others v. State of Punjab, 2007(3) RCR(Crl) 1052, is not strictly applicable, yet in my considered opinion this is one case where the continuance of prosecution can only bring down misery upon the parties. Consequently, this petition is allowed and FIR No.339 dated 7.10.2009 under Sections 363/366-A IPC and 376/120-B IPC (added later on), registered at Police Station Punhana, District Mewat, as also subsequent proceedings emanating therefrom are quashed. As the main petition has since been allowed, all the pending criminal miscellaneous applications, if any, also stand disposed of. Copy of this order be given dasti to counsel for the parties on payment of usual charges. (AJAY TEWARI) JUDGE December 22, 2009 sunita