Punjab-Haryana High Court
Gyanwati And Others vs State Of Haryana And Others on 16 October, 2012
Author: M.M.S. Bedi
Bench: M.M.S. Bedi
CRM No. M-3534 of 2012 ::1::
IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
CRM No. M-3534 of 2012
Date of decision: 16.10.2012
Gyanwati and others .... Petitioners
Versus
State of Haryana and others ....Respondents
CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI
Present:- Mr. Rakesh Bakshi, Advocate for the petitioners.
Ms. Shalini Attri, DAG, Haryana.
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M.M.S. Bedi, J.(Oral)
Petitioners have filed the instant petition under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C') seeking quashing of FIR No.456 dated 24.09.2011 under Sections 363, 366 and 120-B IPC, Police Station Jagadhri City, District Yamuna Nagar, registered at the instance of Guddi Devi-respondent No.4, alleging that her youngest daughter Neha @ Chattie, a minor had been kidnapped by Hari Ram-petitioner No.3, who was residing in their neighbourhood. The petitioners claim that Neha @ Chattie has married with Hari Ram and they had approached this Court for protection of their life and liberty. The order dated 12.12.2011 was passed for protecting their life and liberty.
Today, Neha @ Chattie and Hari Ram are again present in the Court stating that they are living happy married life together. Certificate of marriage issued by Arya Samaj Mandir, 2164, Jamuna Bazar, Delhi dated 28.11.2011 has been placed on record.
CRM No. M-3534 of 2012 ::2::
Taking into account the above said circumstance, continuation of criminal proceedings against the petitioners is nothing but an abuse of process of the Court as daughter of the complainant has voluntarily left the house in company of Hari Ram to whom she is married. It will be in the interest of justice not to harass them especially, when High Court vide order dated 12.12.2011, has protected their life and liberty.
The present petition is allowed, FIR No.456 dated 24.09.2011, under Sections 363, 366 and 120-B IPC, registered at Police Station Jagadhri City, District Yamuna Nagar and all the criminal proceedings emanating from the above said FIR, are hereby quashed.
(M.M.S. BEDI) JUDGE 16.10.2012 sonika