The Court quashed an FIR alleging abduction for marriage. The petitioner challenged the FIR under Section 482 CrPC, citing resolution of the dispute and the fact that the minor daughter had attained majority before the decision.
FIR No. 221 dated 24.10.2012 and all consequential proceedings qua petitioners are quashed.
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Crl. Misc. No. M-17148 of 2013
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Crl. Misc. No. M-17148 of 2013 Date of Decision: Sept. 27,2013
Ram Nath & others ....................................... Petitioner
Versus
State of Punjab and another .................. Respondents
Coram: Hon'ble Ms. Justice Ritu Bahri
1.To be referred to the Reporters or not?
Present: Mr. S.S.Majithia, Advocate and Mr. Munish Raj, Advocate for the petitioners.
Mr. Daljeet Singh Virk, AAG, Punjab.
RITU BAHRI, J. (Oral)
This petition under Section 482 Cr.P.C. is for quashing of FIR No. 221 dated 24.10.2012 under Sections 363/366(A)/120-B IPC registered at Police Station Sadar Amritsar, District Amritsar City (Annexure P1) in view of affidavit dated 23.4.2013 (Annexure P-2).
The FIR was registered by Balbir Kaur alleging that her daughter Amandeep Kaur @ Aman whose date of birth is 19.05.1995 was taken away on 15.10.2012 by Ram Nath
Kaur Rupinder 2013.09.28 12:15 I attest to the accuracy and integrity of this document Chandigarh
Crl. Misc. No. M-17148 of 2013 [ 2 ]
Ghulli in connivance with his parents and sister. Her daughter was minor and her whereabouts were not known. In this background the FIR was registered.
Thereafter, affidavit dated 23.4.2013 (Annexure P2) was filed. As per the affidavit of Balbir Kaur, with the intervention of the respectables of the society the dispute has now been resolved and she has accepted the marriage of Amandeep and Ram Nath and has not objection if the FIR in the present case is quashed.
Notice was issued to determine the status of investigation. Counsel for the State, on instructions from ASI Jasbir Singh, has informed the Court that the statement of Amandeep Kaur has been recorded on 25.9.2013 to the effect that her marriage has been accepted by her mother. Moreover, as per her date of birth which is 19.05.1995, she has become a major during the pendency of this petition on 19.05.2013.
Consequently, in view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008(4) S.C.C. 582 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052, FIR No. 221 dated 24.10.2012 under Sections 363/366(A)/120-B IPC registered at Police Station Sadar Amritsar, District Amritsar City (Annexure P1) is quashed
Kaur Rupinder 2013.09.28 12:15 I attest to the accuracy and integrity of this document Chandigarh
Crl. Misc. No. M-17148 of 2013
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with all consequential proceedings arising therefrom qua petitioners.
Petition is disposed of.
27.9.2013 ( RITU BAHRI ) Rupi JUDGE
Kaur Rupinder 2013.09.28 12:15 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether the FIR regarding abduction of a minor for marriage should be quashed upon reconciliation and attainment of majority.
Colour shows how this judgement treated each authority
Madan Mohan Abbot vs. State of PunjabFollowed¶21
Madan Mohan Abbot vs. State of Punjab 2008(4) S.C.C. 582 · Who else cites this
Kulwinder Singh and Ors. vs. State of Punjab and anotherFollowed¶21
Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052
1 provisions across 1 enactments
Ram Nath & others
State of Punjab
Ritu Bahri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
