Petitioner sought relief regarding an FIR alleging abduction. The State counsel submitted that a cancellation report may be filed if the parties are living as husband and wife. The court found the petition infructuous and disposed of it.
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CRM No. M-12840 of 2009 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH.
CRM No. M-12840 of 2009 (O&M) Date of decision: 15.5.2009
Yogesh Bhati and others
...Petitioner
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Shiv Kumar, Advocate, for the petitioner. Mr. Tarun Aggarwal, Senior DAG, Haryana. Mr. N.K. Manchanda, Advocate, for respondent No.3.
Rajan Gupta, J.
Learned counsel for the petitioner submits that petitioner No.1 and respondent No.3 have married each other against the wishes of their parents. It is due to this reason that FIR in question was lodged by father of the girl. He further submits that since respondent No.3 has married petitioner No.1 of her own free will, no offence under Sections 363, 366 IPC is made out.
Notice of motion was issued to the respondents for today.
Learned counsel for respondent No.3 has put in appearance. He has submitted that respondent No.3 is actually living with petitioner No.1 after having been duly married to him.
Learned counsel for the State (on the instructions from ASI Ram Chander, who is present in Court) has very fairly submitted that
CRM No. M-12840 of 2009 2
version of the petitioners shall be taken into consideration and as also the factum of marriage of petitioner No.1 with respondent No.3. He further submits that in case it is found that petitioner No.1 and respondent No.3 are actually living as husband and wife, the possibility of submitting a cancellation report in this case shall be examined. In case no offence is made out, most likely a cancellation report shall be submitted in the court of competent jurisdiction.
In view of the statement made by the learned State counsel, this petition has been rendered infructuous and is disposed of as such.
A copy of this order be given to the learned State counsel under the signatures of the Court Secretary.
(RAJAN GUPTA) JUDGE
May 15, 2009 'rajpal'
Yogesh Bhati and others
State of Haryana and others
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
