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Judgment
Alok Singh, J.—Present petition is filed seeking quashing of the F.I.R No.37 dated 14.4.2011 under Sections 363, 366 and 109 IPC. F.I.R
reads as under:
Statement of Amritpal Singh s/o Late Bhajan Singh, Caste Majhbi Sikh, resident of village Sadhanwala, age about 22 years. It is stated that I am
the resident of above said address and am a labourer. We are six brothers and sisters. The elder sister is Hardeep Kaur, I am younger to her and
Mandeep Kaur, Sukhjeet Kaur, Deputy Singh and Parveen Kaur are younger to us. My father had expired six years ago. My elder sister Hardeep
Kaur is already married and the other brother and sisters are unmarried. My sister Sukhjeet Kaur is studying at Guru Gobind Singh Public School,
Village Sadanwala, in Class 10th and her age is about 17 years. Fakir Mohammad s/o Amrik Khan resident of Golewala was her teacher. His
cousin Jagwant @ Jaggu s/o Lal and Bhinda s/o Resham, resident of Kot Karor Kalan used to come, to meet Fakir Mohammad at Village
Sadanwala. Parminder Khan is a brother of Fakir Mohammad, and he is teacher in Government School Sadanwala. He also used to come to meet
his brother Fakir Mohammad. They all used to convince my sister Sukhjit Kaur who is minor to marry with Fakir Mohammad and I have also
come to know about this after inquiring from the school. On 11.04.11 whole of my family went off to sleep after having dinner. On the next day in
the morning at about 5 a.m. we came to know that my sister Sukhjeet Kaur is not on her bed and Fakir Mohammad in connivance with his brother
Parminder Khan uncle son''s Jagwant @ Jaggu and Binda above said have took her away with an intention to get her married with Fakir
Mohammad. Legal action may kindly be taken against them. Today I alongwih my cousin Rajwinder Singh s/o Bir Singh, caste Majbhi Sikh r/o
Sadanwala, were going to give the information. We meet us on the way. The statement had been written, heard and it found to be correct. Sd/-
Amrit Pal Singh.
Sukhjeet Kaur, duly identified by the learned counsel for the petitioner, who is alleged to have been abducted, is present in Court.
On being asked, she has stated that she is major and she has married with Jastinder Singh-petitioner No.1, who is also present in Court. She
also states that she does not wish to go to her parental house Criminal Misc.M.No.26501 of 2011 3 and she is ready and willing to live with
petitioner No.1 as his wife and is living as such. She further states that she and Jastinder Singh have also filed one petition seeking protection of
their lives and liberty before this Court, which has since been disposed off. She has further stated that she was never compelled or forced to marry
with Jastinder Singh. She has gone with Jastinder Singh at her own. From the statement of Sukhjeet Kaur, I am satisfied that no offence under
Sections 363, 366 and 109 IPC is made out.
Mr.Abhishek Chautala, learned Assistant Advocate General, Punjab, on the instructions of ASI, Major Singh, I.O. has stated that the date of
birth of Sukhjeet Kaur is 4.8.1993. As per the age informed by the I.O., she is more than 18 years of age. Since Sukhjeet Kaur is major and got
married with petitioner No.1, therefore, no offence is made out against the petitioners. FIR stands quashed.
Petition stands allowed. Sukhjeet Kaur is free to go and live with petitioner No.1.