CRM No. M-24397 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM No. M-24397 of 2009 Date of Decision : October 13, 2011 Jaspreet Kaur and another .... PETITIONERS Vs. State of Punjab and another ..... RESPONDENTS CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH * * * Present : Mr. R.K.Arya, Advocate, for the petitioners. Mr. G.S.Brar, AAG, Punjab, for respondent No. 1. Ms. Monika Jalota, Advocate, for respondent No. 2. * * * AUGUSTINE GEORGE MASIH, J. (ORAL) The present petition has been filed for quashing of FIR No. 145 dated 17.06.2009 registered under Sections 363, 366 IPC at Police Station Jagraon, District Ludhiana and all consequential proceedings arising therefrom. It is the contention of the counsel for the petitioners that although the present petition has been filed jointly on behalf of Jaspreet Kaur and Karamjit Singh but Jaspreet Kaur is not an accused in the FIR as CRM No. M-24397 of 2009 2 the FIR was lodged by Iqbal Singh-respondent No. 2, who is father of Jaspreet Kaur, against petitioner No. 2-Karamjit Singh, who is husband of petitioner No. 1. He contends that the FIR was lodged against petitioner No. 2 by the father of petitioner No. 1 as he was not agreeable to the marriage between the petitioners. Petitioner No. 1, out of her free will and without any pressure or undue influence, had gone along with petitioner No. 2 from the house of her father and thereafter, solemnized marriage in Adhyatmik Arya Samaj Mission, Chandigarh on 05.07.2009. A certificate to that effect has been placed on record as Annexure P-2. He contends that on 13.07.2010, this Court had directed the petitioners to be present in Court and on the said date, petitioner No. 1 Jaspreet Kaur, who was more than 18 years, stated that she is happily married to petitioner No. 2 Karamjit Singh and is residing with him out of her own sweet will. She further stated that petitioner No. 2 did not take her away but she had gone with him out of her own sweet will. Counsel for the petitioners further states that the couple has been blessed with a male child. He, accordingly, prays for quashing of the FIR in question. Counsel for the State as also the counsel for the complainant could not dispute the facts, as stated by the counsel for the petitioners. However, it has been asserted on behalf of the respondents that keeping in view the serious allegations levelled against petitioner No. 2, the FIR be not quashed. I have heard the counsel for the parties and have gone through the records of the case. In the light of the statement made by petitioner No. 1 Jaspreet Kaur in this Court on 13.07.2010, where she had specifically stated that she is happily residing with petitioner No. 2 Karamjit Singh and it was not CRM No. M-24397 of 2009 3 petitioner No. 2 who took her away but she went with him out of her sweet will and also in the light of the fact that the couple has been happily married and residing together since July, 2009 and have been blessed with a male child, the continuation of the present proceedings against petitioner No. 2 would not be in the interest of justice. Keeping in view the peculiar facts and circumstances of this case, the present petition is allowed. FIR No. 145 dated 17.06.2009 registered under Sections 363, 366 IPC at Police Station Jagraon, District Ludhiana, against petitioner No. 2 Karamjit Singh is hereby quashed along with all consequential proceedings arising therefrom. (AUGUSTINE GEORGE MASIH ) October 13, 2011 JUDGE pj