IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-11678 of 2009 (O&M) Date of decision: 11th May, 2009 Smt. Anita Kumari and another … Petitioners Versus State of Haryana and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Harender Singh, Advocate for the petitioners. Mr. Vikas Chaudhary, Assistant Advocate General, Haryana for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of case FIR No. 12 dated 15.01.2008 registered at Police Station Sadar Gohana, District Sonepat against petitioner No.2 under Sections 363, 366, 120-B IPC. Another prayer made in the present petition is that petitioners be granted protection, as they apprehend threat to their life at the instance of respondents No.6 to 11. It is stated in the petition that Ms.Anita Kumar daughter of Inder Singh was born on 20th August, 1985 and she is 23 years old. She, at her own accord, had married petitioner No.2 Satish Kumar, who was born on 12th December, 1981 and is aged 27 years. In para 10 of the petition, it has been stated that both had married and a child was born to them on 27th January, 2009. The married couple along with the child, was present in Court on April 30, 2009 and notice of motion was issued. Notice was Criminal Misc. No. M-11678 of 2009 (O&M) accepted by the counsel for the State. On May 4, 2009, counsel for the State sought adjournment. Today, Rajpal Singh ASI from Police Station Sadar Gohana is present in Court. It is stated that in the present case, report under Section 173 Cr.P.C. (challan) was submitted and thereafter, Rajpal Singh ASI was posted in the Police Station Sadar Gohana. Therefore, he is not able to identify petitioner No.1. It has further been stated that petitioner No.2 has been declared as Proclaimed Offender. Counsel for the State has submitted that 4 prosecution witnesses have been examined. In view of the peculiar facts and circumstances of the case, that two adult young persons, competent to marry, have performed marriage and a child is born to them, and that no offence under Section 363, 366 and 120-B IPC is made out, as Ms.Anita Kumari had married according to her own free will, following directions are issued: (i) ASI Rajpal Singh of Police Station Sadar Gohana, who is present in Court, shall produce Ms.Anita Kumari before the trial Court on 18th May, 2009. The trial Court shall prepone the date of hearing and shall record the statement of Ms. Anita Kumari. (ii) Satish Kumar petitioner No.2 shall appear before the trial Court on 18th May, 2009 and shall be released on bail. (iii) Till conclusion of the trial, Ms. Anita Kumari and Satish Kumar will be provided adequate protection by SHO, Police Station Sadar Gohana. (iv) After recording statement of Ms. Anita Kumari, the trial Court shall proceed with the case in accordance with the provisions of law. With these directions, present petition is disposed off. 2 Criminal Misc. No. M-11678 of 2009 (O&M) Copy of this order, under the signatures of Reader of this Court, be handed over to counsel for the State, for onward transmission and compliance. [KANWALJIT SINGH AHLUWALIA] JUDGE May 11, 2009 rps 3