Quashed

Gurmej Singh and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC22 Nov 2011CRM-M/33386/2009

Case brief

AI extract

What is this about?

This judgment quashed an FIR alleging abduction. The court observed that the parties had married in July 2009, filed a plea for protection in 2009 which was allowed, and were leading a happy married life with a child born in 2011.

What did the court decide?

FIR No.24 registered under Sections 366-A and 506/120-B IPC and subsequent proceedings arising therefrom are quashed.

Gurmej Singh and Ors. Vs State of Punjab… — Matrimonial and Divorce | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Criminal Misc. No. M-33386 of 2009 (O&M) Date of Decision: 22.11.2011.

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Gurmej Singh and others

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….Petitioners

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Versus

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State of Punjab and another

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…..Respondents

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CORAM: HON’BLE MR. JUSTICE NAWAB SINGH

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Present: Mr. A.S. Dhaliwal, Advocate for the petitioners.

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Mr. Sudhir Nehra, Addl. A.G., Punjab.

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Mr. A.S. Bhatti, Advocate for respondent No.2.

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NAWAB SINGH, J (ORAL)

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This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of First Information Report (for short FIR’) No.24 dated June 26<sup>th</sup> , 2009 under Sections 366-A and 506/120-B of the Indian Penal Code (for short IPC’), Police Station Garhdiwal, District Hoshiarpur (Annexure P2).

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Prosecution was launched on the statement of Sultanpur Ahmed-respondent No.2 against the petitioners alleging that his daughter Aamna alias Amandeep Kaur was abducted by Gurmej Singh-petitioner No.1, his brother Sarwan Singh and father Avtar Singh-petitioners No.2 & 3 respectively.

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Learned counsel for the petitioners has stated that Aamna alias Amandeep Kaur married with Gurmej Singh, of course, against the wishes of her father on July 20^th , 2009. She was major. Aamna alias Amandeep Kaur and Gurmej Singh filed Criminal Misc. No.M-20121 of 2009 before this Court seeking protection of their life and liberty, which was allowed by this Court vide judgment dated July 27^th , 2009 (Annexure P1). They are leading a happy married life. A son is also born out of this wedlock on October 29^th , 2011, whose birth Certificate is also placed on record.

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Criminal Misc. No. M-33386 of 2009

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-2

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In view of this, offence of abducting Aamna alias Amandeep Kaur, is not made out. Hence, no useful purpose will be served by allowing the criminal proceedings to continue against the petitioners.

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In view of above, the petition is accepted, FIR No.24 dated June 26^tht , 2009 registered under Sections 366-A and 506/120-B IPC in Police Station Garhdiwal, District Hoshiarpur and subsequent proceedings arising therefrom, are hereby quashed.

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(NAWAB SINGH) JUDGE

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22.11.2011 Ishwar

Gurmej Singh and Ors. v. State of Punjab and Anr.

Case brief

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Gurmej Singh and Ors. v. State of Punjab and Anr.

Case brief

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