Crl. Misc. no. M-27643 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. no. M-27643 of 2010 (O&M) Decided on : 15-09-2011 Shamsher Singh and others ....Petitioners VERSUS State of Punjab and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. R.K.Arya, Advocate for the petitioners Mr.Gaurav Garg Dhuriwala, DAG, Punjab Mr. Gurmeet Singh, Advocate for respondents no. 2 and 3 MAHESH GROVER, J This is a petition under Section 482 Cr.P.C praying for quashing of FIR no. 67 dated 8.6.2010 registered under Sections 363, 366 IPC at Police Station Kahnuwan, District Gurdaspur and all consequent proceedings arising therefrom on the basis of compromise. Complainant-respondent no.2 namely Hardeep Singh lodged the instant FIR alleging that his daughter namely Gurinder Kaur was abducted by the petitioners. The facts however turned out to be otherwise as petitioner no.1 Shamsher Singh married Gurinder Kaur and evidently the allegations in the FIR were result of unhappy and gruntled father. The petitioners pray that the FIR against them be quashed as petitioner no.1 is happily married to Gurinder Kaur and they have a child out of the wedlock and that the allegations are patently false. Complainant-respondent no.2 Hardeep Singh is present in Crl. Misc. no. M-27643 of 2010 (O&M) 2 Court so as Gurinder Kaur, wife of petitioner no.1. Hardeep Singh – complainant has stated that he has no objection if the FIR is quashed having regard to the fact that his daughter has married petitioner no.1 honorably. Likewise, Gurinder Kaur has stated that she married Shamsher Singh – petitioner no.1 on her own and was never abducted and that she accompanied him of her free will and volition. Their statements to the aforesaid effect have also been recorded separately. Having regard to the aforesaid, when the FIR and the allegations were registered in the backdrop of marriage of petitioner no.1 with respondent no.3 - Gurinder Kaur without parental consent and the allegations being an expression of unhappiness on the part of the complainant who is father of respondent no.3, I am of the considered opinion that no fruitful purpose would be served by persisting with the prosecution of the petitioners as in view of the stand taken by the complainant and respondent no.3 before this Court, it is unlikely that the petitioners would be convicted. Hence, in view of the afore-stated stand of the parties and also noticing the observations of Full Bench in Kulwinder Singh versus State of Punjab reported as 2007 (3) Law Herald 2225, the instant petition is allowed. Consequently, FIR no. 67 dated 8.6.2010 registered under Sections 363, 366 IPC at Police Station Kahnuwan, District Gurdaspur and all consequent proceedings arising therefrom are hereby quashed. September 15, 2011 (Mahesh Grover) rekha Judge