High Court of Punjab and HaryanaCRM-M/41763/2014allowed

Sattar And ORS. v. State Of Haryana And ANR.

2015-11-06Mr Justice Rakesh Kumar Jain2 pages

Crl. Misc. No. M-41763 of 2014 -1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No. M-41763 of 2014 Date of Decision: 06.11.2015.

Sattar and others ........Petitioners Vs.

State of Haryana and another ......Respondents

CORAM:

HON'BLE MRS. JUSTICE SABINA

Present:

Mr. Satish Chaudhary, Advocate for the petitioners.

Ms. Dimple Jain, AAG, Haryana.

Mr. Vikas Kumar, Advocate for respondent No. 2.

.....

SABINA, J.

Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 126 dated 4.6.2014, under Section 363, 366-A of the Indian Penal Code, 1860 ('IPC' for short), registered at Police Station F.P. Jhirka, District Mewat (Annexure P-1) and all the subsequent proceedings arising therefrom.

Learned counsel for the petitioners has submitted that, in fact, petitioner No. 2 had got married to the daughter of respondent No. 2 against the wishes of her family members. However, now respondent No. 2 has no objection qua the marriage performed by his daughter with petitioner No. 2. Learned State counsel has submitted that after thorough investigation of the case, cancellation report has been GURPREET SINGH 2015.11.16 11:48 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-41763 of 2014 -2 - prepared and submitted in the Court.

Learned counsel for respondent No. 2 has submitted that now respondent No. 2 has no objection qua the marriage performed by his daughter with petitioner No. 2. Saida, daughter of respondent No. 2, is present in person and has stated that she has performed marriage with petitioner No. 2 of her own free will and is presently residing happily in her matrimonial home and has been blessed with a child out of the said wedlock.

Since the complainant has accepted the marriage of his daughter with petitioner No. 2, continuation of criminal proceedings against the petitioners would not serve any useful purpose.

Accordingly, this petition is allowed. FIR No. 126 dated 4.6.2014, under Section 363, 366-A IPC, registered at Police Station F.P. Jhirka, District Mewat (Annexure P-1) and all the consequential proceedings, arising therefrom, are quashed. (SABINA) JUDGE November 06, 2015 Gurpreet GURPREET SINGH 2015.11.16 11:48 I attest to the accuracy and authenticity of this document chandigarh