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2009 DIGILAW 132 (PNJ)

Ritu v. State of Haryana

2009-01-16

KANWALJIT SINGH AHLUWALIA

body2009
JUDGMENT Kanwaljit Singh Ahluwalia, J 1. Orders passed by this Court on 25.11.2008, 5.12.2008, 12.12.2008 and 19.12.2008, reflect that Ritu, petitioner No.1, wants to reside with Pinkesh, respondent No.2. Both petitioners No.1 and 2 are adults. They can take decision regarding their future course. Parents of the girl are present. They have stated that Ritu is under pressure. Their one objection to the marriage is that Ritu is 26 years old whereas Pinkesh is more than 18 years old but less than 19 years. 2. The present petition is disposed off with the direction to the Senior Superintendent of Police, Yamuna Nagar, to provide adequate protection to the petitioners and ensure that no harm is caused to them. 3. Both Pinkesh and Ritu, petitioners state that they want to settle at Gujarat. Bal Kishan, Sub Inspector, Police Station City, Jagadhari, District Yamuna Nagar, is being deputed by Mr. S.S. Mor, learned Senior Deputy Advocate General, Haryana, to ensure safe passage to the petitioners from Chandigarh towards their onward journey to Gujarat. 4. At this stage, an oral prayer has been made by petitioner No.1 Ritu that her parents had lodged case FIR No. 442 dated 3.12.2008 at Police Station City, Jagadhari under Section 365/34 IPC against Phool Chand and one Jagdish Bhai, father of petitioner No.2 Pinkesh. She has stated that she herself being 26 years of age has decided to go out of her house and reside with Pinkesh. Therefore, she states registration of FIR No. 442 dated 3.12.2008 at Police Station City, Jagadhari, under Section 365/34 IPC is an abuse of process of law. 5. At this stage, Bal Kishan, Sub Inspector, Police Station City, Jagadhari, District Yamuna Nagar states that FIR No. 442 dated 3.12.2008 shall be cancelled. 6. In view of statements made by petitioner No.1 Ritu and Bal Kishan, Sub Inspector, Police Station City, Jagadhari, District Yamuna Nagar, I am of the view that continuation of proceedings in case FIR No. 442 dated 3.12.2008 is misuse and abuse of process of law. Therefore, case FIR No. 442 dated 3.12.2008 at Police Station City, Jagadhari, under Section 365/34 IPC along with all consequential proceedings is quashed.