Baljit Kaur v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: 25.05.2015 B_________ ..... Appellant

Versus

State of Punjab and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE S.S. SARON HON'BLE MR. JUSTICE RAMENDRA JAIN Present: Mr. Ashok Giri, Advocate for the appellant with appellant in person.

Mr. Arshwinder Singh, Addl. A.G., Punjab for respondent No.1.

Mr.Gaurav Rana, Advocate for respondent No.2 with respondent No.2 in person.

**** S.S. SARON, J.

This appeal has been filed by the prosecutrix against the judgment and order dated 04.03.2014 passed by the learned Additional Sessions Judge, Amritsar whereby the respondent has been acquitted for the offence punishable under Section 376 of Indian Penal Code ('IPC' for short) by giving him the benefit of doubt.

-2Today when the appeal was taken up, the appellant and respondent No.2 have appeared.

Mr. Ashok Giri, Advocate for the appellant has filed an application supported by affidavits of the appellant and respondent No.2 for placing on record photographs of marriage, marriage certificate and affidavit of respondent No.2 (Annexures A-1 to A-3) regarding the marriage being solemnized between the appellant and respondent No.2. In the application supported by the affidavits of the appellant and respondent No.2, it is stated that during pendency of the appeal, the appellant (prosecutrix) and respondent No.2 have solemnized their marriage.

The application supported by affidavits of the appellant and respondent No.2 as also Annexures A-1 to A-3 with the said application are taken on record subject to just exceptions.

In the affidavit (Annexure A-3) of respondent No.2 also it has been stated that the parties have solemnized their marriage. The photographs of the marriage (Annexure A-1), besides, marriage certificate dated 26.03.2015 (Annexure A-2) have been attached.

Learned counsel for the appellant and respondent No.2 state that the appellant and respondent No.2 have solemnized their marriage according to Sikh Rites and

-3ceremonies in the presence of Sri Guru Granth Sahib Ji. The marriage was solemnized at Guru Nanak Gurdwara Welfare (Retd.), Phase VI, S.A.S. Nagar, Mohali. The affidavit dated 24.03.2015 (Annexure A-3) of the respondent No.2 also affirms the same.

In view of the marriage that has been solemnized, it is prayed by learned counsel for the appellant that the appellant does not want to pursue the appeal which may be dismissed as withdrawn.

The appellant is present in person and she has stated that she wants to withdraw the appeal of her own free will and desire and that she is not under any kind pressure or undue influence.

Mr. Arshwinder Singh, Addl. A.G., Punjab for respondent No.1 and Mr. Gaurav Rana, Advocate for respondent No.2 with respondent No.2 in person have no objection to the same.

In the circumstances, the appeal is dismissed as withdrawn.

The Registry to number the miscellaneous application that has been filed.

( S.S. SARON ) JUDGE 25.05.2015 ( RAMENDRA JAIN ) yogesh JUDGE