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’