Karamjit Singh (Minor) Through His Guardian v. State Of Punjab




   








 







 







 









  
  
  
 




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Mr. Kewal Singh, Addl. A.G. Punjab


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Petitioner Karamjit Singh (minor) through his guardian has filed instant petition under Section 482 read with Section 528 of 1* !9
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for grant of anticipatory bail in FIR No.54 dated 06.09.2024 under Sections 9 and 10 of Prohibition of Child Marriage Act, 2006 and Sections 65, 137 (2), 87 of BNS, 2023 (Sections 6 and 17 of POCSO Act added later-on) registered at Police Station Bholath, District Kapurthala (Annexure P-1).
2.

Facts of the case are that office of Child Development Project Officer, Nadala filed written complaint to SHO Police Station Bholath for registration of case under Prohibition of Child Marriage Act. It is alleged that marriage of minor Deepika daughter of Sandeep Kumar was performed with Karamjit Singh son of Lakhwinder Singh







Goldy, at boy's residence, Ward No.13, village Kamarai, Bholath, Kapurthala on 20.06.2023 according to Hindu rites. It was further alleged that from the side of girl Smt. Balvir Kaur participated in marriage and from boy's family Lakhwinder Singh Goldy, mother of the boy Smt. Sukhwinder Kaur, sister Prabhjot Kaur, uncle of boy Balwinder Singh Jelly, aunt Sukho and others were also present. Age of girl was 13 years and 7 months. Therefore, her marriage could not be performed as same is in violation of the provisions of Prohibition of Child Marriage Act, 2006. Investigation was carried out and the present FIR has been registered.

3.

Learned counsel for petitioner argued that FIR was lodged on the complaint of Bal Vikas Project Officer, Nadala. In-fact, petitioner and the minor girl were in relationship and they performed ran away marriage on 20.06.2023. Girl is still residing in her matrimonial home happily. Present petitioner is ready to join the investigation as and when required and he will abide by the terms of bail order.

4.

Status report has been filed which is taken on record. In the status report, it is confirmed that marriage of present petitioner and minor girl was performed in the parental house of present petitioner. Both present petitioner and girl were minors at the time of said marriage. Statement of girl has been recorded under Section 164 Cr.P.C. Present petitioner is yet to join the investigation. 5.

I have considered the arguments and have gone through







the record. Present petitioner is the boy who had performed marriage with minor girl. No recovery is to be effected from the present petitioner. He is ready to join the investigation. Other co-accused Prabhjot Kaur (CRM-M-62216-2024) and Balvir Kaur (CRM-M53554-2024) have already been granted anticipatory bail by this Court vide order dated 30.01.2025 and 18.02.2025 respectively 6.

Considering the aforesaid factual position, anticipatory bail filed by petitioner is allowed. He be not arrested. In case of his arrest, he be released on bail to the satisfaction of Arresting/Investigating Officer concerned, subject to condition that petitioner will join investigation as and when required. He will not tamper with or interfere with investigation and will not leave country without prior permission as provided under Section 482 (2) of BNSS, 2023.
7.

Pending miscellaneous application(s), if any, stand disposed of accordingly as well.

















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