High Court of Punjab and HaryanaCRM-M/40259/2014allowed

Ravi & ORS v. State Of Punjab & ORS

2015-09-18Mr Justice Rakesh Kumar Jain2 pages

Crl. Misc. No. M-40259 of 2014 -1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No. M-40259 of 2014 Date of Decision: 18.9.2015.

Ravi and others ........Petitioners Vs.

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

CORAM:

HON'BLE MRS. JUSTICE SABINA

Present:

Mr. Naresh Gopal Sharma, Advocate for the petitioners.

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

SABINA, J.

Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 91 dated 7.11.2014, under Section 363, 366 of the Indian Penal Code, 1860 ('IPC' for short), registered at Police Station Haibowal, Distrcit Ludhiana (Annexure P-1) and all the subsequent proceedings arising therefrom.

Learned counsel for the petitioners has submitted that respondent No. 3 has performed marriage with petitioner No. 1. FIR in question was lodged by respondent No. 2 as he was not happy with the marriage performed by his daughter (respondent No. 3) with petitioner No. 1. However, now respondent No. 2 has no objection qua the marriage performed by petitioner No. 1 with respondent No. 3.

A perusal of the last order passed by this Court GURPREET SINGH 2015.09.21 15:53 I attest to the accuracy and authenticity of this document

Crl. Misc. No. M-40259 of 2014 -2 - reveals that respondent No. 2 as well as respondent No. 3 were present in person and they had admitted the factum of marriage of respondent No. 3 with petitioner No. 1.

Respondent No. 3 is stated to be pregnant. Since petitioner No. 1 has performed marriage with respondent No. 3, continuation of criminal proceedings against the petitioners would be nothing but an abuse of process of law. In case, the criminal proceedings are allowed to continue, it will adversely affect the marital life of respondent No. 3.

Accordingly, this petition is allowed. FIR No. 91 dated 7.11.2014, under Section 363, 366 IPC, registered at Police Station Haibowal, Distrcit Ludhiana (Annexure P-1) and all the consequential proceedings, arising therefrom, are quashed. (SABINA) JUDGE September 18, 2015 Gurpreet GURPREET SINGH 2015.09.21 15:53 I attest to the accuracy and authenticity of this document