CRM No. M-1570 of 2008 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-1570 of 2008 Date of decision: 4.3.2009 Jatinder Singh and another ...Petitioners Versus SSP Ferozepur and others ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. K.S. Kahlon, Advocate, for the petitioner. Mr. Shailesh Gupta, DAG, Punjab. Rajan Gupta, J. The petitioners have filed this petition under Section 482 Cr.P.C. for quashing of FIR No.178 dated 28th July, 2007, under Sections 363, 366 IPC, registered at Police Station Sadar Jalalabad. Learned counsel for the petitioner has submitted that petitioners No.1 & 2 are both major and they married against the wishes of their parents. Resultantly, the present FIR was registered at the instance of Bagicha Singh father of petitioner No.2. He further submits that in view of the fact that petitioner No.2 married petitioner No.1 of her own free will and they are living as husband and wife at the moment, no offence under Sections 363, 366 IPC is made out. On the last date of hearing, this Court had directed that Investigating Officer shall verify the fact whether petitioners No.1 & 2 are married and living together. CRM No. M-1570 of 2008 2 Learned counsel for the State has apprised this court that the Investigating Officer of the case namely, ASI Surender Singh is present in court today. He has stated that it has been verified by him that both the petitioners are married to each other and living together. The Investigating Officer has also identified both the petitioners who are present in court. In the facts and circumstances of this case, I find that it is a fit case where the FIR in question deserves to be quashed. In case both the petitioners No.1 & 2 married, the offence under Sections 363, 366 IPC cannot be said to be made out. Thus, the present petition is allowed, the FIR No.178 dated 28th July, 2007, under Sections 363, 366 IPC, registered at Police Station Sadar Jalalabad and the subsequent proceedings arising therefrom are quashed. (RAJAN GUPTA) JUDGE March 04, 2009 'rajpal'