IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. M. No.6807-M of 2011 Date of Decision:18.4.2011 Captain Singh @ Sewak .... Petitioner Versus State of Punjab .... Respondent CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. Nakul Sharma, Advocate for the petitioner. Mr. J.S. Brar, A.A.G. Punjab. **** 1.Whether Reporters of Local Newspapers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? NIRMALJIT KAUR, J.(Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing of order dated 1.2.2011 passed by Sub Divisional Judicial Magistrate, Batala in case FIR No.7 dated 9.2.2010 registered under Sections 363/366/376 IPC at Police Station Dera Baba Nanak, District Batala. It is evident from the order dated 1.2.2011 that Amanpreet Kaur is major and she was married to the petitioner. She has also stated before the Sub Divisional Judicial Magistrate, Batala that she wants to live with the petitioner. Instead, Sub Divisional Judicial Magistrate, Batala sent Amanpreet Kaur to the State Protection Home, Jalandhar in spite of the fact that she was major and expressed her desire to accompany Captain Singh i.e. the petitioner. It is not disputed by the learned State counsel that Amanpreet Kaur is major. Her date of birth is 15.12.1992. In fact, learned State counsel on instructions from HC Sarwan Singh has informed the Court that cancellation report has been prepared in the present case. In pursuance to the order dated 4.3.2011, Amanpreet Kaur is present in the Court accompanied by Constable Smt. Gurpreet Kaur and Head Constable Jug Raj, who are the Police officials of State Protection Home, Jalandhar. Amanpreet Kaur, who is present in the Court, repeated Crl. M. No.6807-M of 2011 -2- her request that she wants to go with Captain Singh i.e. the petitioner. Thus, taking into account the fact that the parties got married out of their own free will and Amanpreet Kaur is major and has expressed her desire to accompany her husband i.e. the petitioner as well as the fact that cancellation report too has already been prepared, order dated 1.2.2011 is set aside and Amanpreet Kaur may be allowed to go with the petitioner, who is also present in the Court. Accordingly, officials of the State Protection Home, Jalandhar, are directed to hand over the custody of Amanpreet Kaur to the present petitioner after completing the formalities, if any. Disposed of in the above terms. 18.4.2011 ( NIRMALJIT KAUR ) rajeev JUDGE