High Court of Punjab and HaryanaCRM-M/42216/2016allowed

Gupreet Singh v. State Of Punjab & Others

2017-03-22Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-42216 of 2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-42216 of 2016 Date of decision : 22.03.2017 Gurpreet Singh ......Petitioner versus State of Punjab and ors.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Vijay Kumar, Advocate for the petitioner Mr. A.P.S. Gill, AAG, Punjab Mr. J.S. Bawa, Advocate for respondent No. 3 **** RITU BAHRI , J. (Oral) Quashing of FIR No. 005 dated 02.01.2016 under Sections 363/366 IPC (later on added Section 376 IPC and Section 4 of POCSO Act), registered at Police Station City Kharar, District S.A.S Nagar Mohali, is being sought.

The allegations in the F.I.R are that petitioner enticed away the daughter of respondent No. 3 on the pretext of marriage, who is below 18 years of age.

Learned counsel for the petitioner however submits that the petitioner has solemnized marriage with respondent No. 2. Petitioner and respondent No. 2 are present in the Court and on a specific query put by this Court to respondent No. 2, she states that she is residing happily with the petitioner in the matrimonial home and has been blessed with a child as well.

GAURAV ARORA 2017.03.29 10:16 I attest to the accuracy and integrity of this document Chandigarh

Crl. Misc. No. M-42216 of 2016 Learned counsel for respondent No. 3 given an affidavit of respondent No. 3 in the Court today, which is taken on record. As per this affidavit, he has now no objection if the F.I.R be quashed against the petitioner, as the matter has been amicably resolved between the parties. The affidavit is with free will and without any pressure. Even the date of birth of the respondent No. 2 is 21.07.1998 and she has attained majority and is residing happily with the petitioner. Keeping in view the fact that now respondent No. 3 has no objection to the marriage of the couple and the fact that respondent No. 2 has attained majority and is residing happily with the petitioner, the present petition is allowed and FIR No. 005 dated 02.01.

2016 under Sections 363/366 IPC (later on added Section 376 IPC and Section 4 of POCSO Act), registered at Police Station City Kharar, District S.A.S Nagar Mohali is quashed along with all consequential proceedings qua petitioner, in view of the judgment of the Hon'ble Supreme Court in cases 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 as no useful purpose would be served in prolonging the litigation since the daughter of the complainant is residing happily with the petitioner. 22.03.2017 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2017.03.