High Court Punjab-Haryana High Court

Jatinder Singh And Another vs Ssp Ferozepur And Others on 4 March, 2009

Punjab-Haryana High Court
Jatinder Singh And Another vs Ssp Ferozepur And Others on 4 March, 2009
 CRM No. M-1570 of 2008                   1



    IN THE HIGH COURT FOR THE STATES OF PUNJAB &
              HARYANA AT CHANDIGARH.

                               CRM No. M-1570 of 2008
                               Date of decision: 4.3.2009

Jatinder Singh and another                          ...Petitioners

                             Versus

SSP Ferozepur and others                            ...Respondents


CORAM:      HON'BLE MR. JUSTICE RAJAN GUPTA

Present:    Mr. K.S. Kahlon, Advocate, for the petitioner.
            Mr. Shailesh Gupta, DAG, Punjab.

Rajan Gupta, J.

The petitioners have filed this petition under Section 482

Cr.P.C. for quashing of FIR No.178 dated 28th July, 2007, under

Sections 363, 366 IPC, registered at Police Station Sadar Jalalabad.

Learned counsel for the petitioner has submitted that

petitioners No.1 & 2 are both major and they married against the wishes

of their parents. Resultantly, the present FIR was registered at the

instance of Bagicha Singh father of petitioner No.2. He further submits

that in view of the fact that petitioner No.2 married petitioner No.1 of

her own free will and they are living as husband and wife at the

moment, no offence under Sections 363, 366 IPC is made out.

On the last date of hearing, this Court had directed that

Investigating Officer shall verify the fact whether petitioners No.1 & 2

are married and living together.

CRM No. M-1570 of 2008 2

Learned counsel for the State has apprised this court that

the Investigating Officer of the case namely, ASI Surender Singh is

present in court today. He has stated that it has been verified by him

that both the petitioners are married to each other and living together.

The Investigating Officer has also identified both the petitioners who

are present in court.

In the facts and circumstances of this case, I find that it is a

fit case where the FIR in question deserves to be quashed. In case both

the petitioners No.1 & 2 married, the offence under Sections 363, 366

IPC cannot be said to be made out.

Thus, the present petition is allowed, the FIR No.178 dated

28th July, 2007, under Sections 363, 366 IPC, registered at Police Station

Sadar Jalalabad and the subsequent proceedings arising therefrom are

quashed.

(RAJAN GUPTA)
JUDGE
March 04, 2009
‘rajpal’