CRM No. M 19997 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 19997 of 2009 Date of decision: 09.12.2010 Sukhwinder Singh ........ Petitioners Versus State of Punjab and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. R P Dudeja, Advocate for the petitioner Mr. P S Paul, DAG, Punjab for the respondent - State None for respondent No. 2 Mr. S K Biriwal, Advocate for Respondent No. 3 -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. This is a petition under Section 482 of the Code of Criminal Procedure for quashing of FIR No. 41 dated 18.10.2008 under Section 363 and 366 of Indian Penal Code, registered at Police Station Habran, Tehsil Jagraon, District Ludhiana. As per the contention of the learned counsel for the petitioner and as also stated in the petition, the daughter of respondent No. 2, namely Swaranjit Kaur and petitioner - Sukhwider Singh developed intimacy. CRM No. M 19997 of 2009 2 Accordingly, they decided to get married. Respondent No. 2 did not agree to the said marriage. Accordingly, the petitioner and Swaranjit Kaur i.e. daughter of respondent No. 2 ran away from home and got married. They solemnized their marriage on 11.11.2008. They also filed CRM M 29888 of 2008 before this Court seeking protection for their life and liberty. Accordingly, the petitioner and Swaranjit Kaur were granted interim protection vide order dated 17.11.2008. However, the said case was dismissed for non prosecution on 01.04.2009 as the petitioner and Swaranjit Kaur did not appear on account Swaranjit Kaur being in the family way. The petitioner and Swaranjit Kaur are living happily together as husband and wife. On 15.06.12009, they were blessed with a female child. Accordingly, notice of motion was issued. Respondent No. 2 - Balwinder Kaur mother of Swaranjit Kaur and complainant in the present case was duly served. No one put in appearance on behalf of respondent No. 2 in spite of service. Therefore, Swaranjit Kaur was impleaded as respondent No.3 in the present case. Upon notice, Swaranjit Kaur appeared in court along with her counsel and suffered a statement. As per her statement, she is happily residing with the present petitioner. It was stated by her that she was living with the petitioner out of her own free will. It was further stated by her that she has a girl child out of the said wedlock and prayed that the FIR be quashed. It is admitted that as on date, respondent No. 3 is a major. In fact, Criminal Writ Petition No. 2117 of 2010 was filed by Gurjeet Singh son of Santokh Singh, who is stated to be the brother-in-law (Devar) of Swaranjit Kaur-respondent No. 3, securing her release from the CRM No. M 19997 of 2009 3 illegal confinement of respondent No. 5 - Balwinder Kaur in the said criminal writ petition. The aforesaid Criminal Writ Petition was disposed of vide order dated 29.11.2010 by observing as under:- “Petitioner-Gurjeet Singh son of Santokh Singh, brother-in-law(Dewar) of Swaranjit Kaur (detenu) has filed the present criminal writ petition for securing her release from the illegal confinement of respondent Nos. 4 and 5. As respondent No. 5 didi not produce the detenu in the Court, therefore, respondent No. 3 was directed to ensure the production of the detenu in the court, vide previous order dated 23.11.2010. Again, respondent No. 5 did not appear in the Court despite service. However, in pursuance of the aforesaid order of this Court, respondent No. 3 has produced Swaranjit Kaur (detenu) in the Court, who has made the following statement:- “My marriage was solemnized with Sukhwinder Singh son of Santokh Singh, in the year 2008 against the wishes of our parents. A female child was born out (aged 1½ years) of our wedlock. A criminal case was registered, vide FIR No. 41 dated 18.10.2008, under Sections 363 and 366 IPC against my husband, who is in judicial custody in these days. Petitioner-Gurjeet Singh is my brother-in-law (Dewar). My mother (respondent No. 5) has illegally detained me and I want to live at my matrimonia home in village Ahilwal, Tehsil Jagraon, District Ludhiana. I may be permitted to accompany the petitioner- Gurjeet Singh to my matrimonial home.” In this view of the matter, the instant petition is disposed of with the direction that detenu-Swaranjit Kaur is free to accompany the petitioner to her matrimonial home.” CRM No. M 19997 of 2009 4 Her affidavit has been placed on record. As per the affidavit, Swaranjit Kaur is living happily with the present petitioner who is her husband. She has given birth to a girl child and has no objection if the said FIR is quashed. In view of the admitted facts as above, as well as in view of the order passed by this Court in Criminal Writ Petition No. 2117 of 2010, her statement before this Court as well as her affidavit in the present petition, the FIR is nothing but a sheer misuse of the process of law and therefore, deserves to be quashed. Resultantly, the present petition is allowed and FIR No. 41 dated 18.10.2008 under Section 363 and 366 of Indian Penal Code, registered at Police Station Habran, Tehsil Jagraon, District Ludhiana and further proceeding arising out of the same are hereby quashed. Allowed in the above terms. (Nirmaljit Kaur) Judge 09.12.2010 mohan