Gurjit Singh and Others vs State of Punjab and Others

Sabina, J.—Vide this judgment, above mentioned two petitions would be disposed of as petitioners have sought quashing of the FIR No. 26 dated 02.03.2007 under Sections 363, 366, 120-B and Sections 368 and 494 (added later on) of the Indian Penal Code, 1860 (in short ''IPC'') registered at Police Station Dhariwal, District Gurdaspur and all the subsequent proceedings arising therefrom. Learned counsel for the petitioners have submitted that FIR in question qua co-accused Ranjeet Singh was allowed by this Court vide order dated 26.08.2011 in CRM-M-23637 of 2009.

Learned State counsel, on the other hand, has opposed the petition.

While allowing CRM-M-23637 of 2009, it was held as under:--

Thus, in the petition filed by Gurjit Singh seeking a Writ in the nature of Habeas Corpus to produce the detenue Manpreet Kaur it was held that the custody of the detenue should be given to the petitioner Gurjit Singh. Since the daughter of the complainant-respondent No. 2 had stated that she had gone with Gurjit Singh of her own free will and the custody of the daughter of the respondent No. 2 was also handed over to Gurjit Singh in a writ petition filed by him.

Today Manpreet Kaur, daughter of the complainant is present in person and has submitted that she had performed marriage with Gurjit Singh and is presently residing with him of her own free will. She has also stated that now she has been blessed with a child out of the said wedlock.

In these circumstances, continuation of criminal proceedings against the petitioners would be nothing but abuse of process of law. Accordingly, both these petitions are allowed. FIR No. 26 dated 02.03.2007 under Sections 363, 366, 120-B and Sections 368 and 494 (added later on) IPC registered at Police Station Dhariwal, District Gurdaspur and all the subsequent proceedings arising therefrom are quashed.