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2009 DIGILAW 643 (PNJ)

Kiranjit Kaur v. State Of Punjab

2009-04-02

KANWALJIT SINGH AHLUWALIA

body2009
Judgment Kanwaljit Singh Ahluwalia, J. 1. Present petition has been filed under Section 482 Cr.P.C. seeking quashing of the FIR No. 18 dated 15.01.2008 registered at Police Station City Moga under Sections 366, 120-B IPC. Petition has been filed by Kiranjit Kaur, her husband Gurpreet Singh @ Raju, Paramjit Kaur sister of Gurpreet Singh and Dharampal husband of Paramjit Kaur. 2. The FIR has been annexed as Annexure P-5. FIR has been lodged at the instance of respondent No. 2, father of Kiranjit Kaur. It is stated that Kiranjit Kaur was born on 4th July, 1990. When she was minor, she was enticed away by petitioner No. 2 Gurpreet Singh out of the lawful guardianship of the complainant. Counsel for the petitioners has drawn my attention to Annexure P-6, Criminal Misc. No. M-22120 of 2008, preferred by Gurpreet Singh and Kiranjit Kaur in this Court, where they stated that they are married and they fear threat of their life. A Coordinate Bench of this Court pn August 29,2008 disposed off the petition with direction to the Senior Superintendent of Police, Moga to verify the facts and provide necessary protection. 3. Counsel for the petitioners has submitted that petitioner No. 1 has effected marriage with petitioner No. 2 and she is pregnant. When she left the house of her parents, she was aged 17 years and 4 months. However, now she has solemnized marriage and she is two months pregnant and therefore, present FIR is causing hurdles in the matrimonial life of petitioner No. 1 and 2. 4. Counsel for the State has placed on record statement of Kiranjit Kaur which was recorded by Chief Judicial Magistrate, Moga on 25th January, 2008 under Section 164 Cr.P.C. 5. I have read the statement. It has been stated therein that she herself has been roaming around with Gurpreet Singh. 6. Counsel for the petitioners has relied upon Ajit Singh v. State of Haryana, 2007(3) RCR(Criminal) 287 (P&H), Palwinder Kaur and another v. State of Punjab, 2007(3) RCR(Criminal) 402 (P&H) and Rukshana and another v. Govt. of NCT of Delhi and others, 2007(3) RCR(Criminal) 542 (Delhi) to state that even though on the relevant date, petitionerNo. 1 K-iranjit Kaur was not major, yet since she has performed her marriage, the present FIR be quashed. 7. of NCT of Delhi and others, 2007(3) RCR(Criminal) 542 (Delhi) to state that even though on the relevant date, petitionerNo. 1 K-iranjit Kaur was not major, yet since she has performed her marriage, the present FIR be quashed. 7. It is stated in the present case that report under Section 173 Cr.P.C. (challan) has been submitted and charge has also been framed. 8. Statement of Kiranjit Kaur has been recorded separately, which may be read as part of this order. Both Kiranjit Kaur and Gurpreet Singh are present in Court today. They stated that proposal of the marriage was not acceptable to the parents of Kiranjit Kaur and she was to be forcibly married with someone else, therefore Kiranjit Kaur had herself left the house of her parents to perform marriage with Gurpreet Singh. 9. Taking into consideration facts and circumstances of the case, present petition is allowed and the FIR No. 18 dated 15.01.2008 registered at Police Station City Moga under Sections 366, 120-B IPC, along with all subsequent proceedings, is quashed.