Crl. Misc. No.M-23281 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-23281 of 2009 (O&M) Decided on : 2-08-2011 Chander Bhan and others ....Petitioners VERSUS The State of Punjab and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Anil Kumar Landharia, Advocate for the petitioners Mr. B.B.S.Teji, Sr. DAG, Punjab Mr. Narinder Lucky, Advocate for respondent no.2 Mr. Harinder Sharma, Advocate for respondent no.3. MAHESH GROVER, J This is a petition under Section 482 of the Code of Criminal Procedure praying for quashing of case FIR no. 207 dated 5.11.2006 registered at Police Station City Kotkapura, District Faridkot under Sections 363, 366-A, 120-B, 341, 506 IPC and all consequent proceedings arising therefrom qua all the petitioners. Petitioner no.1 Chander Bhan contracted a marriage with respondent no.2 Shelly Sahota which was against the parental consent. This led to the filing of the aforesaid FIR at the behest of respondent no.3 who is father of respondent no.2. Response of State of Punjab in Court on instructions from ASI Kashmir Chand is that cancellation report has been submitted in view of the fact that petitioner no.1 has married respondent no.2 and that no case in the aforesaid provisions has been established against the petitioner no.1 and Crl. Misc. No.M-23281 of 2009 (O&M) 2 remaining petitioners are relations of petitioner no.1 who are implicated by respondent no.3. On due consideration of the matter, I am of the considered opinion that since the FIR was got registered by respondent no.3 who was disgruntled with the marriage of his daughter with petitioner no.1 since she was 17 years of age at the time of the said marriage and in view of the fact that the police on investigation has found that no such offence has been committed and in fact there was a valid marriage between respondent no.2 and petitioner no.1 and further as well they have prepared a cancellation report which is likely to be submitted and noticing the fact that it has been stated before this Court that the complainant has severed all the relations with his daughter, I am of the considered opinion that since the marriage has taken place, consummated and two children born out of the wedlock, the continuation of the criminal proceedings against the petitioners would be a futile exercise as it is not likely to result in their conviction and besides it would be an abuse of the process of law. It is a settled principle of law that powers under Section 482 Cr.P.C can be exercised in the interest of justice and to prevent the abuse of process of law. The facts of the case clearly establish that if the proceedings are permitted to persist it would disturb a valid marriage and therefore FIR no. 207 dated 5.11.2006 registered at Police Station City Kotkapura, District Faridkot under Sections 363, 366-A, 120-B, 341, 506 IPC which was essentially a result of disgruntlement of the father of respondent no.2 is directed to be quashed as also all consequent proceedings arising therefrom qua all the petitioners. August 2, 2011 (Mahesh Grover) rekha Judge