Mangal Singh v. State Of Punjab And ANR.



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-42243-2017 (O&M) Date of Decision:23.07.2024 Mangal Singh .... Petitioner

Versus

State of Punjab and others .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Jagjit Singh, Advocate for the petitioner. Ms. Aakanksha Gupta, A.A.G., Punjab.

Mr. N.S.Dadwal, Advocate for respondent No.3. **** NIDHI GUPTA, J. (ORAL) Prayer in the present petition under Section 482 Cr.P.C. is for quashing of FIR No.27 dated 07.04.2015 under Sections 363, 366-A, 34 IPC registered at Police Station Verowal, District Tarn Taran (Annexure P2) and all other subsequent proceedings arising therefrom. Learned counsel for the petitioner inter alia submits that the present FIR is a gross abuse of process of law as no offence is made out against the petitioner. It is submitted that the brother of the petitioner had entered into a run away marriage with the alleged victim/respondent No.3 herein. The present FIR was registered by the father of respondent No.3/respondent No.2 herein. It is submitted that there were total 4

 accused named in the present FIR including the present petitioner. Vide order dated 26.05.2017 passed by a Coordinate Bench of this Court in CRM-M-39098-2015 titled as 'Jarmanjit Singh and others vs. State of Punjab and another', the present FIR stands quashed qua remaining 3 accused. However, it is still sustaining qua the present petitioner on account of the fact that petitioner used to reside separately. Learned counsel for the petitioner has produced a copy of zimni order dated 12.03.2024 to show that the petitioner is on bail and is present before the learned trial Court. A copy of the same is taken on record. In support, learned counsel refers to the Division Bench judgment of this Court in "
  

 
   

 

  !"#$ Learned counsel appearing on behalf of respondent No.3/alleged victim submits that he has no objection if the present FIR is quashed as the respondent No.3 is married and residing happily with the brother of the petitioner.

In view of the above facts, learned counsel for the respondent-State submits that she has no objection, if the present petition is allowed and FIR is quashed qua the present petitioner. In view of the above, this petition is allowed; and FIR No.27 dated 07.04.2015 under Sections 363, 366-A, 34 IPC registered at Police Station Verowal, District Tarn Taran (Annexure P-2) and all other subsequent proceedings arising therefrom, are ordered to be quashed qua the petitioner.

 Pending application, if any, stands disposed of. 23.07.2024 ( NIDHI GUPTA ) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No