Single judge orally quashed an FIR for kidnapping and abduction against the petitioner, holding that continuance of proceedings would be an abuse of process given evidence of existence of marriage and child.
FIR No.194 dated 07.12.2019 is quashed qua the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRM-M-5532-2020
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
202
Criminal Misc. No. M-5532 of 2020 Date of decision :-03.10.2024
Rajan Singh @ Raja
…..Petitioner
Versus
State of Punjab and another
…..Respondents
CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA
Present:Mr. Naveen Bawa, Advocate for the petitioner.
Ms. Aakanksha Gupta, AAG, P unjab.
NIDHI GUPTA J. (Oral)
Prayer in this petition is for q uashing of FIR No.194 dated 07.12.201 9 (Annexure P-4) under Sections 3 63 and 366 IPC, registered at Police Sta t ion Gharinda, District Amritsar R u ral, on merits .
Learned counsel for the petiti o ner, inter alia , submits that the present FIR was registered on the basis of s t atement made by father of the alleged v i ctim. It is submitted that as h a s been stated previously, the petitioner had solemnized marriage with the victim on 24.12.2019 as evident fr o m the Marriage Certificate (Ann e xure P-1). Photographs of the marriage a re duly appended as Annexure P - 2. It is submitted that even a child is b orn out of the wedlock of the petitioner and the victim on 02.1.2021 as is evident from the Birth Certi fi cate of the child Annexure P-6 and the p hotographs as Annexure P-7, w hich show that the petitioner alongwith victim and the child are happily r e siding together.
Learned counsel for the State submits that verification of these doc u ments as well as the facts as state d above have been duly carried
VIJAY ASIJA 2024.10.04 09.30 I attest to the accuracy and integrity of this document
CRM-M-5532-2020 2
out by the State. In this regard learned cou n sel for the State has referred to the Status Report dated 05.09.2022 filed b y way of affidavit of Manavjit Singh, D e puty Superintendent of Police, A ttari, Amritsar Rural, wherein the state m ent of the Head Granthi, Bunga Parjapat Dharmsal, Tarn Tarn regarding conducting marriage of the petitioner and the victim is on record as Annex u re R-1/T; Statement of the Sub R egistrar (Birth & Death) who issued th e Birth Certificate of the minor c hild of the petitioner and the victim is on record as Annexure R-2/T; S tatement of the petitioner is Annexure R-3/T; Statement of the victim is A nnexure R-4/T; and statement of the c o ncerned SHO is Annexure R-5 / T attesting to the truth and correctness of the abovesaid facts; as well as para 4 and 5 of the Status Report. H owever, it is submitted that the st a tement of the complainant has not so far b een recorded.
Keeping in view the facts n o ted above, continuance of the present pr o ceedings against the petitioner i n FIR No.194 dated 07.12.2019 (Annexur e P-4) under Sections 363 and 3 66 IPC, registered at Police Station G h arinda, District Amritsar Rural s h all be an abuse of process of law. Co n sequently, the present FIR (Ann e xure P-4) is quashed qua the petitioner.
Pending application(s), if any, shall stands disposed of.
October 0 3 , 2024 ( NIDHI GUPTA ) Vijay Asija JUDGE
Whether s p eaking/reasoned Yes / No Whether R e portable Yes / No
VIJAY ASIJA 2024.10.04 09.30 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the proceedings against the petitioner constitute an abuse of process of law and should be quashed considering evidence of marriage and child birth.
1 provisions across 1 enactments
Rajan Singh @ Raja
State of Punjab
NIDHI GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
