Kaka @ Happy v. State Of Punjab And Another

CRM-M-36739-2019 -1- 2023:PHHC:079111

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-36739-2019 Date of Decision: 30.05.2023 Kaka @ Happy .... Petitioner

Versus

State of Punjab and another .... Respondents CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Present:

None for the petitioner.

Mr. Parneet Singh Pandher, AAG, Punjab.

Balwinder Kaur-respondent No.2 in person.

***** SANJEEV PRAKASH SHARMA , J (ORAL) This is a petition under Section 482 Cr.P.C. for quashing of FIR No.97 dated 23.05.2017 under Sections 363, 366-A and 120-B IPC, registered at Police Station Civil Lines Batala, District Batala and all subsequent proceedings arising therefrom, registered at the instance of mother of the girl.

The mother, namely, Balwinder Kaur/respondent No.2 is present in the Court and she submits that now her daughter has been blessed with two daughters and one of them about 18 days old. She does not press any charges against the petitioner and she further states that the complaint was lodged merely because she was not able to meet her daughter. In view of the statement made in the Court and taking into consideration the circumstances, this Court finds that essentially the case registered is not made out as there is no forceful abduction on the girl and DINESH BANSAL 2023.05.31 17:00 I attest to the accuracy of this order Chandigarh

CRM-M-36739-2019 -2- 2023:PHHC:079111 offences under Sections 363, 366-A and 120-B IPC having not been prima facie made out.

In view of above, this Court does not find any reason to continue the criminal proceedings and accordingly, FIR No.97 dated 23.05.2017 under Sections 363, 366-A and 120-B IPC, registered at Police Station Civil Lines Batala, District Batala and the entire proceedings arising therefrom are quashed and any PO proceedings initiated against the petitioner would also stand quashed.

The present petition is disposed of.

(SANJEEV PRAKASH SHARMA) 30.05.2023 JUDGE D.Bansal Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DINESH BANSAL 2023.05.31 17:00 I attest to the accuracy of this order Chandigarh