High Court of Punjab and HaryanaCRM-M/42457/2014allowed

Sukhjit Singh & ANR v. State Of Punjab & ANR

2015-09-29Mr Justice Rakesh Kumar Jain2 pages

Crl. Misc. No. M-42457 of 2014 -1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No. M-42457 of 2014 Date of Decision: 29.9.2015.

Sukhjit Singh and another ........Petitioners Vs.

State of Punjab and another ......Respondents

CORAM:

HON'BLE MRS. JUSTICE SABINA

Present:

Mr. Sunny K. Singla, Advocate for the petitioners.

Mr. J.S.Sekhon, AAG, Punjab None 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. 3 dated 4.1.2014, under Section 366 of the Indian Penal Code, 1860 ('IPC' for short), registered at Police Station Amargarh, District Sangrur (Annexure P-1) and all the subsequent proceedings arising therefrom.

Learned counsel for the petitioners has submitted that he may be permitted to withdraw the petition qua petitioner No. 2-Pardeep Kaur as she is not an accused in the case. Ordered accordingly.

I have heard the learned counsel for petitioner No. 1 and the learned State counsel and have gone through the record available on the file carefully.

None has appeared on behalf of respondent No. 2 GURPREET SINGH 2015.10.01 11:13 I attest to the accuracy and authenticity of this document

Crl. Misc. No. M-42457 of 2014 -2 - despite service.

In the present case, FIR in question was registered at the instance of respondent No. 2 (mother of petitioner No. 2 Pardeep Kaur) against petitioner No. 1 Sukhjit Singh. Admittedly, Sukhjit Singh-petitioner No. 1 has performed marriage with Pardeep Kaur, daughter of respondent No. 2, of her own free will and against the wishes of her parents. Presently, Pardeep Kaur is residing in her matrimonial home with petitioner No. 1-Sukhjit Singh.

Hence, in the facts and circumstances of the present case, in case criminal proceedings are allowed to continue against petitioner No. 1, it would adversely affect the matrimonial life of the daughter of respondent No. 2.

Accordingly, this petition is allowed. FIR No. 3 dated 4.1.2014, under Section 366 IPC, registered at Police Station Amargarh, District Sangrur (Annexure P-1) and all the consequential proceedings, arising therefrom, are quashed. (SABINA) JUDGE September 29, 2015 Gurpreet GURPREET SINGH 2015.10.01 11:13 I attest to the accuracy and authenticity of this document