Judgment:
CRM not M-14275 of 2013 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (245) CRM not M-14275 of 2013 Date of decision:
23. 07.2013.
Suraj ......Petitioner Versus State of Haryana and others .......Respondents CORAM: HON'BLE MRS.JUSTICE SABINA Present: Mr.Manish Soni, Advocate for the petitioner.
Mr.Gaurav Dhir, DAG, Haryana.
Respondent No.2 in person along with Mr.D.S.Nigha, Advocate **** SABINA, J.
Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the FIR No.326 dated 08.08.2012 under Section 363 of the Indian Penal Code, 1860 (in short 'IPC').registered at Police Station Baldev Nagar, District Ambala (Annexure P-3) and all the subsequent proceedings arising therefrom.
Learned counsel for the petitioner has submitted that petitioner has performed marriage with respondent No.3, daughter of respondent No.2.
Hence, the criminal proceedings Sandeep Sethi 2013.07.26 10:04 I attest to the accuracy and integrity of this document CRM not M-14275 of 2013 (O&M) -2- against the petitioners were liable to be quashed.
Learned counsel for respondent No.2 has admitted the factum of marriage of the petitioner with respondent No.3.
Respondent No.2 is present in person and has stated that she has no objection qua the marriage of her daughter respondent No.3 with the petitioner and has further stated that she has no objection if the FIR in question is ordered to be quashed.
She has tendered her affidavit on record in this regard.
She has also stated that she has already disowned her daughter-respondent No.3.
Annexure P-2 is the order passed by this Court in CRM not M-23994 of 2012 filed by respondent No.3 and petitioner seeking protection of their lives and liberty and the following order was passed:- “Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for issuance of directions to respondents No.2 and 3 to protect their life and liberty from the hands of respondents No.4 to 8.
Learned counsel for the petitioners has submitted that the marriage of the petitioners was solemnized on 7.8.2012.
Certificate (Annexure P-3) in this regard has been issued by Gurudwara Bhanga Sahib Patshahi Dasvi (Regd.).Photographs of marriage ceremony are annexed as Annexure P-5.
He has further submitted that the petitioners have moved a Sandeep Sethi 2013.07.26 10:04 I attest to the accuracy and integrity of this document CRM not M-14275 of 2013 (O&M) -3- representation to Superintendent of Police, Ambala (Annexure P-4) but not action has been taken so far.
Accordingly, without expressing any opinion on the merits of the case, Superintendent of Police, Ambala-respondent No.2 is directed to look into the representation moved by petitioners (Annexure P-4) and if required, necessary protection be provided to them.
Petition stands disposed of in the above terms.”
Since petitioner has performed marriage with the daughter of respondent No.2, hence, continuation of criminal proceedings against the petitioner would not serve any useful purpose.
Accordingly, this petition is allowed.
FIR No.326 dated 08.08.2012 under Section 363 IPC, registered at Police Station Baldev Nagar, District Ambala (Annexure P-3) and all the subsequent proceedings arising therefrom are quashed.
(SABINA) JUDGE July 23, 2013 sandeep sethi Sandeep Sethi 2013.07.26 10:04 I attest to the accuracy and integrity of this document