IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No. 24212 of 2011 Date of Decision: 22.12.2011 Mohd. Sajid Ali ......Petitioner versus State of Haryana and others ..... Respondents CORAM: HON'BLE MR.JUSTICE AZJAY TEWARI Present: Mr.Pankaj Jain, Advocate for the petitioner. Ms. Preeti Choudhary, AAG,Haryana. ***** Ajay Tewari, J. This is a petition for quashing of FIR No. 163 dated 26.06.2011, under Sections 363, 366(A) IPC, registered at Police Station Khwaja, District Faridabad along with all subsequent proceedings arising therefrom. In a petition for anticipatory bail bearing CRM-M No. 25211 of 2011 wherein the complainant had appeared, the following order was passed on 12.12.2011:- “Complainant-respondent No.2 is present. She has stated that her daughter is only 14 years old and, therefore, any alleged consent given by her is of no consequence. However, the daughter of respondent No.2 states that she is 18-19 years old. As per her, her mother was earlier married to Mohammad Qasim from whose loins she was born. Thereafter her parents got divorce and her mother got married to Sh.Chhattarpal Singh. Her biological father who is present in Court, has no objection to this marriage. That person states that if he is given one opportunity he will be able to prove the fact of his paternity. Let this person appear before the investigating officer on 17.12.2011. In the circumstances this matter is adjourned to CRM-M No. 24212 of 2011 -2- 22.12.2011 to await the report of the investigating officer. Interim order to continue.” As per the FIR the petitioner had abducted the minor daughter of the complainant. The case of the petitioner on the other hand was that the daughter of the complainant was over 16 years and, therefore, he got married with her with the consent of her father who was estranged from the complainant-mother. On the last date this fact having been denied by the complainant who was present in person, learned AAG was directed to get this matter inquired into by the investigating officer. Today learned AAG, on instructions from ASI Suresh Chander, has stated that as per the hospital record the assertion made by the petitioner is correct. The complainant is present again and has also accepted this fact. In these circumstances where the father of the girl and the girl herself have accepted the marriage, the complainant states that she has no objection if the present FIR is quashed. Accordingly the FIR No. 163 dated 26.06.2011, under Sections 363, 366(A) IPC, registered at Police Station Khwaja, District Faridabad along with all subsequent proceedings arising therefrom, is quashed. Petition stands disposed of. (AJAY TEWARI) JUDGE December 22, 2011 sunita