High Court of Punjab and HaryanaCRM-M/31109/2016allowed

Vipin Kumar And ORS v. State Of Haryana And ANR

2016-12-02Mrs. Justice Raj Rahul Garg2 pages

CRM-M-31109-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-31109-2016 Date of Decision:- 02.12.2016 Vipin Kumar and others ....Petitioners

Versus

State of Haryana and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Madan Sandu, Advocate, for the petitioners. Ms. Mahima Yashpal, AAG, Haryana.

Mr. H.S. Kasam, Advocate, for respondent No.2. **** RITU BAHRI, J. (Oral) This petition under Section 482 of the Code of Criminal Procedure is for quashing of FIR No.413 dated 23.08.2016 (Annexure P-1), registered under Sections 120-B, 363, 366-A and 506 IPC, at Police Station Pehowa, District Kurukshetra.

In the present case, petitioner No.1 is husband of complainant's daughter whereas petitioner No.2 is brother-in-law, petitioner No.3 is father-in-law, petitioner No.4 is mother-in-law, petitioner No.5 is uncle, petitioner No.6 is grand-father-in-law and petitioner No.7 is grand-motherin-law. FIR has been got registered on the statement of the complainant with the allegations that petitioners had taken away his daughter Mandeep Kaur, who was working in Pooja Parlor and also giving threats to him on Naresh Kumar 2016.12.05 17:21 I attest to the accuracy and integrity of this document Chandigarh phone.

CRM-M-31109-2016 -2Learned counsel for the petitioners has placed on record photographs (Annexure P-3) whereby marriage of petitioner No.1 has been solemnized with daughter of complainant, namely, Mandeep Kaur and also his affidavit dated 20.09.2016 to show that date of birth of Mandeep Kaur is 11.10.1998 (about 17 years, 11 months and 11 days). Learned State counsel has filed reply by way of affidavit of DSP, Pehowa, District Kurukshetra, today in the Court and the same is taken on record. As per reply, after registration of the FIR, the statement of the prosecutrix, namely, Mandeep Kaur, was recorded under Section 164 Cr.P.C. in the Court on 01.09.2016 where she has stated that she and Vipin have got married as per Hindu Rites and Ceremonies and also got the marriage registered on 27.08.2016. Further, the statements of father and mother of Mandeep Kaur have also been recorded and they have no objection to the said marriage.

In view of above facts, no useful purpose would be served in prolonging the litigation and accordingly FIR No.413 dated 23.08.2016 (Annexure P-1), registered under Sections 120-B, 363, 366-A and 506 IPC, at Police Station Pehowa, District Kurukshetra and all the subsequent proceedings arising therefrom are hereby quashed. The present petition stands disposed of.

December 02, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2016.12.05 17:21 I attest to the accuracy and integrity of this document Chandigarh