High Court of Punjab and HaryanaCRM-M/11542/2016allowed

Pardeep Singh v. State Of Punjab

2017-05-12Ms. Justice Ritu Bahri2 pages

CRM-M-11542-2016 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-11542-2016 (O&M) Date of Decision:- 12.05.2017 Pardeep Singh ....Petitioner

Versus

State of Punjab ....Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. V.P. Arora, Advocate, for the petitioner.

Ms. Manpreet Dhaliwal, AAG, Punjab.

Mr. Sukhdeep Parmar, Advocate for the complainant. **** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.19 dated 01.03.2016, under Sections 363 and 366A IPC, registered at Police Station Kotwali Nabha, District Patiala. In the present case, petitioner and daughter of the complainantRuksar had performed marriage with each other against the wishes of their parents on 29.02.2016. After solemnization of their marriage, both of them had approached this Court by way of CRM-M-7829-2016 (Annexure P-3), for seeking protection and the same has been granted to them, vide order dated 02.03.2016. After registration of the present FIR, the petitioner was arrested and Ruksar was sent to Nari Niketan. Naresh Kumar 2017.05.24 15:51 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-11542-2016 (O&M) -2Learned State counsel, on instructions from the investigating officer, has informed that from Nari Niketan daughter of the complainantRuksar had stayed with her parents and as per her date of birth certificate dated 12.10.1998, as of today she has attained the age of majority. Today, daughter of the complainant, namely, Ruksar, is present in Court along with the petitioner and on a specific query put to her, she states that she is happily residing with petitioner in her matrimonial home. Keeping in view the above facts and in view of the judgments of the Hon'ble Supreme Court in Dr. Arvind Barsaul etc. Vs. State of Madhya Pradesh and another, 2008(2) RCR (Criminal) 910; Madan Mohan Abbot Vs.

State of Punjab, 2008(2) RCR (Criminal) 429 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation. Accordingly, FIR No.19 dated 01.03.2016, under Sections 363 and 366A IPC, registered at Police Station Kotwali Nabha, District Patiala and all the subsequent proceedings arising therefrom are hereby quashed. The present petition stands disposed of.

May 12, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.05.24 15:51 I attest to the accuracy and integrity of this document Chandigarh