Petition under Section 482 Cr.P.C. to quash an FIR under Sections 363/366 IPC and the charge sheet, based on the victim's marriage to the petitioner after attaining majority and her affidavit of living happily with him. Court allowed the petition and quashed the FIR and charge sheet qua the petitioner.
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CRM-M-2990-2021 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
238 CRM-M-2990-2021 (O&M) Date of Decision: 06.11.2024
Vivek Gupta
.… Petitioner
Versus
U.T.Chandigarh and another .... Respondents
CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA
Present: - Mr. Shubham Kashyap, Advocate for Mr. Vishva Nath Sharma, Advocate for the petitioner.
Mr. J.S.Toor, A.P.P., U.T. Chandigarh and Mr. Ramneek Sandhu, Advocate for U.T. Chandigarh.
Mr. Danishwar Ali, Advocate for the complainant/respondent No.2.
NIDHI GUPTA, J. (ORAL)
Prayer in the present petition under Section 482 Cr.P.C. is for quashing of FIR No. 182 dated 17.07.2019 (Annexure P-3) under Section 363, 366 IPC registered at Police Station Industrial Area, Chandigarh, as well as Charge Sheet dated 07.12.2019 (Annexure P-6) passed by learned Additional Sessions Judge, Chandigarh.
Learned counsel for the petitioner submits that the present FIR was registered on the basis of the statement made by the father of the victim, who is respondent No.2 herein. It is submitted that the victim was about 17 years of age on the date of incident i.e.16.07.2019. Thereafter, FIR was registered with the allegations that the petitioner had enticed
DIVYANSHI 2024.11.08 16:52 I attest to the accuracy and integrity of this document
CRM-M-2990-2021 (O&M) -2-
away the daughter of the complainant and that earlier also, the petitioner was harassing the daughter of the complainant. It is pointed out that the petitioner and the alleged victim have solemnized marriage on 21.09.2020 as is evident from marriage certificate (Annexure P-9) after attaining the age of majority by the victim. Even the affidavit dated 11.09.2021 of the victim to this effect is on record as Annexure P-14, wherein she has stated that after attaining the age of 18 years, she has solemnized marriage with the petitioner according to Hindu rites and rituals; that now she is living happily with the petitioner; and that she is also pregnant. Photographs of the marriage are also attached as Annexure P-10. It is submitted that the present FIR was filed by respondent No.2 against the present petitioner only. It is accordingly prayed that the present FIR be quashed.
Learned counsel for the respondent-U.T. Chandigarh, on instructions, affirms the above facts to be true and further informs that one child is also born out of the wedlock of the petitioner and the daughter of the complainant.
Although learned counsel for the complainant/respondent No.2 opposes prayer made on behalf of the petitioner, however, in view of the undisputed facts as noticed above, present petition is allowed; and FIR No. 182 dated 17.07.2019 (Annexure P-3) under Section 363, 366 IPC registered at Police Station Industrial Area, Chandigarh, as well as Charge Sheet dated 07.12.2019 (Annexure P-6) passed by learned Additional Sessions Judge, Chandigarh, are hereby quashed qua the petitioner.
DIVYANSHI 2024.11.08 16:52 I attest to the accuracy and integrity of this document
CRM-M-2990-2021 (O&M) -3-
Pending application, if any, stands disposed of.
06.11.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
DIVYANSHI 2024.11.08 16:52 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the FIR under Sections 363/366 IPC and charge sheet should be quashed where the victim married the petitioner after attaining majority.
2 provisions across 2 enactments
Vivek Gupta
U.T. Chandigarh
Complainant/respondent No.2
Nidhi Gupta
As recorded by the court registry
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