High Court of Punjab and HaryanaCRM-M/19087/2015allowed

Manpreet Kaur And ANR v. State Of Punjab And ORS

2015-12-10Mr Justice Rakesh Kumar Jain2 pages

Crl. Misc. No. M-19087 of 2015 -1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No. M-19087 of 2015 Date of Decision: 10.12.2015.

Manpreet Kaur and another ........Petitioners Vs.

State of Punjab and others ......Respondents

CORAM:

HON'BLE MRS. JUSTICE SABINA

Present:

Petitioners in person along with Mr. D.R.Punia, Advocate.

Mr. J.S.Sekhon, AAG, Punjab.

None for respondent No. 3.

.....

SABINA, J.

Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 9 dated 29.1.2015, under Section 363, 366-A of the Indian Penal Code, 1860 ('IPC' for short), registered at Police Station Dhilwan, District Kapurthala against petitioner No. 2 and all the subsequent proceedings arising therefrom.

Learned counsel for the petitioners has submitted that the petitioners have performed marriage against the wishes of their family members. Due to this reason, respondent No. 3mother of petitioner No. 1, has got registered the FIR in question against petitioner No. 2. In fact, petitioners are residing together as husband and wife.

None has appeared on behalf of respondent No. 3 despite service.

GURPREET SINGH 2015.12.11 15:51 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-19087 of 2015 -2 - Petitioner No. 1 has appeared in person and has stated that she has performed marriage with petitioner No. 2 of her own free will and is presently residing with him in her matrimonial home.

Petitioners had also filed Criminal Miscellaneous-M5829 of 2015 seeking protection of their life and liberty. The said petition was disposed of by this Court vide order dated 9.4.2015 (Annexure P-1). Since the petitioners have performed marriage, continuation of criminal proceedings against petitioner No. 2 would be nothing but an abuse of process of law. Rather, continuation of criminal proceedings against petitioner No. 2 would adversely affected the matrimonial life of petitioner No. 1 who is the daughter of respondent No. 3.

Accordingly, this petition is allowed. FIR No. 9 dated 29.1.2015, under Section 363, 366-A IPC, registered at Police Station Dhilwan, District Kapurthala and all the consequential proceedings, arising therefrom, are quashed.

(SABINA) JUDGE December 10, 2015 Gurpreet GURPREET SINGH 2015.12.11 15:51 I attest to the accuracy and authenticity of this document chandigarh