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Judgment
Jaswant Singh, J.
Crl. Misc. No. 63726 of 2010
Allowed as prayed for.
Crl. Misc. No. M 35869 of 2010
Prayer u/s 439 Cr.PC is for grant of regular bail to the Petitioner in case bearing FIR No. 247 dated 19.08.2010 under Sections 376, 120-B of the Indian Penal Code registered with Police Station Focal Point, Ludhiana.
It is stated that the son of the Petitioner, namely, Vijay Kumar due to his love affair with Rizwana Parveen solemnized their marriage on 7.1.2010 with their own sweet will. Reference is made to the affidavit of Rizwana Parveen at Anexure P-2, wherein it is stated on oath by her that she had solemnized her marriage at her own sweet will on 7.1.2010 and was happily living at her in-laws house.
Learned Counsel submits that in view of the fact that Rizwana Parveen had left her parental home of her own sweet will even though she is alleged to be below 18 years of age, it cannot be said that she was enticed ot taken away from the lawful custody of her parents. It is further stated that no offence is made out against the Petitioner mother who is in custody since 19.10.2010.
Learned State Counsel on instructions from ASI Jagroop Singh concedes that the daughter of the complainant Riwzana Parveen has solemnized her marriage with accused Vijay Kumar and is happily residing at the matrimonial home. He further on instructions concedes that the complainant-mother has also accepted their marriage and does not wish to proceed with the prosecution of Vijay Kumar. He further on instructions submits that challan in the present case is yet to be presented.
Rizwana Parveen is present in the court and has been identified by ASI Jagroop Singh. She has also stated that she is happily residing in her matrimonial home.
Keeping in view the aforesaid circumstances, I find no useful purpose to keep the mother-in-law behind the bars, hence the petition is allowed and prayer for grant of regular bail is accepted. Petitioner-Somwati is directed to be released on bail subject to satisfaction of the CJM/Duty Magistrate Ludhiana.