Criminal Misc. No. M-6350 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-6350 of 2009 (O&M) Date of Decision:26.10.2009 Manjinder Singh @ Mintu and others .....Petitioners Vs. State of Punjab and others .....Respondents CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. R.S. Manhas, Advocate for the petitioners. Mr. R.K. Nihalsinghwala, Additional Advocate General, Punjab. **** HARBANS LAL, J. This petition has been moved by Manjinder @ Mintu under Section 482 of the Code of Criminal Procedure for quashing of FIR No.23 dated 16.6.2008 registered under Sections 292, 293, 506 IPC and Section 67 of Information and Technology Act at Police Station Kotlisurat Malhi, Police District Batala. The brief facts giving rise to this petition are that Manjinder Singh @ Mintu – petitioner was having love affairs with Gurpreet Kaur daughter of Inderjit Singh complainant- respondent and wanted to solemnise marriage with her. Her parents objected to the marriage on the ground that they are neighbours and the society does not permit the marriage between the boy and girl of the same village and same caste. The said petitioner as well as Gurpreet Kaur are major. When her parents did not agree, this Criminal Misc. No. M-6350 of 2009 (O&M) -2- Manjinder Singh @ Mintu solemnised marriage on 8.6.2008 in a Gurdwara as per Sikh rites vide Annexure P.1. He and his wife after solemnisation of their marriage informed her parents. Her parents agreed on telephone and asked Manjinder Singh @ Mintu and his wife to come home for blessings etc. Accordingly, they went there. Her father Inderjit Singh- respondent very cleverly confined her in his custody and did not allow her to join the company of her husband. Inderjit Singh on 13.6.2008 lodged a false complaint against the petitioners with the police by showing some incriminating material. The police has registered the above-mentioned FIR under the said Sections. Somehow the wife of Manjinder Singh @ Mintu escaped from the custody of her father and joined the company of her husband on 28.6.2008. The FIR has been registered by misusing the process of law so that the petitioners could be arrested and separated from living as husband and wife. The marriage has also been consummated between the husband and the wife. I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection. Gurpreet Kaur wife of Manjinder Singh – petitioner in her statement Annexure R.2 has stated that “I am the daughter of Inderjit Singh son of Thakur Singh, Jatt, resident of Bhagwanpur and I am an adult. I can decide about my life. I have got married with Manjinder Singh @ Mintu son of Khazan Singh, Jatt, resident of Bhagwanpur with my own consent and without any pressure in the Court. But my father Inderjit Singh is annoyed on our marriage. My husband Manjinder @ Mintu has not prepared my any C.D nor I have knowledge about any C.D. In these days, I and my Criminal Misc. No. M-6350 of 2009 (O&M) -3- husband Manjinder Singh @ Mintu above said, are spending our life as husband and wife happily. There is no pressure upon me and now we have been residing at Prem Nagar, Gurdaspur.” In identical terms is her affidavit Annexure R.3. Manjinder Singh @ Mintu in his statement Annexure R.1 has also stated that “I have conducted my marriage with Gurpreet Kaur daughter of Inderjit Singh, Jatt, resident of Bhagwanpur in the Court but my father-in-law Inderjit Singh resident of Bhagwanpur is annoyed on our marriage. In these days I and my wife Gurpreet Kaur have been living as husband and wife happily. I have not prepared any C.D of my wife Gurpreet Kaur nor I have knowledge about any C.D. Both we have conducted this marriage with our consent and without any pressure. At present we have been residing at Gurdaspur.” There is no gainsaying the fact that Gurpreet Kaur is a major being 22 years of age. On the premise of the above statements, the FIR No.23 dated 16.6.2008 registered under Sections 292, 293, 506 IPC and Section 67 of Information and Technology Act at Police Station Kotlisurat Malhi, Police District Batala is hereby quashed. October 26, 2009 ( HARBANS LAL ) renu JUDGE