Punjab-Haryana High Court
Mandeep Singh @ Mannu And Others vs State Of Punjab And Others on 29 November, 2011
Author: Augustine George Masih
Bench: Augustine George Masih
CRM No. M-31581 of 2010 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CRM No. M-31581 of 2010
Date of Decision : November 29, 2011
Mandeep Singh @ Mannu and others
.... PETITIONERS
Vs.
State of Punjab and others
..... RESPONDENTS
CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
* * *
Present : Mr. J.S.Dadwal, Advocate,
for the petitioners.
Mr. G.S.Brar, AAG, Punjab,
for respondents No. 1 to 3.
Mr. B.S.Jaswal, Advocate,
for Mr. Pradeep Rajput, Advocate,
for respondents No. 5 and 6.
* * *
AUGUSTINE GEORGE MASIH, J. (ORAL)
Prayer in this petition is for quashing of FIR No. 117 dated 20.09.2010 registered under Sections 363/366-A/120-B IPC at Police Station Julkan, District Patiala and a further prayer for issuance of directions to respondents No. 1 to 3 to provide security to the petitioners as they apprehend danger to their lives and liberty at the hands of respondents No. 4 and 5.
CRM No. M-31581 of 2010 2
Counsel for the petitioners contends that petitioner No. 1- Mandeep Singh @ Mannu and petitioner No. 3-Gurpreet Kaur got married on 22.10.2010. Certificate of marriage is appended as Annexure P-4. After the marriage, out of the wedlock, a male child was born on 20.10.2011 and now petitioners No.1 and 3 are residing as husband and wife happily. Petitioner No. 2-Shamsher Kaur is the mother of petitioner No. 1. He contends that the present FIR was lodged against petitioners No. 1 and 2 by respondent No. 4-Harvinder Kaur, mother of petitioner No. 3 and after the marriage, now respondent No. 4 has reconciled with the marriage and hence, she has no objection to the quashing of the FIR. Similarly, respondent No. 5-Sukhwinder Singh, who is brother of respondent No. 4 and maternal uncle of petitioner No. 3 also has come present in Court and he also has no objection to the quashing of the FIR. He, accordingly, prays for the present petition to be allowed.
Petitioner No. 3-Gurpreet Kaur is present in Court. She has stated that she, after the marriage with petitioner No. 1-Mandeep Singh, is happily residing with him as his wife and out of their wedlock, she has given birth to a male child on 20.10.2011. She further states that she had, out of her free will and without any force, gone with petitioner No. 1 out on her own.
Respondent No. 4-Harvinder Kaur wife of Late Satnam Singh is present in Court. She states that after the marriage between petitioners No. 1 and 3, she has reconciled with the said marriage. She admits that out of this wedlock, a male child is born. She further admits that petitioners No. 1 and 3 are residing as husband and wife. She further states that she has no connection whatsoever from now onwards with the petitioners and she has no objection in case the FIR got registered by her, is quashed as she does not want to further pursue the same. CRM No. M-31581 of 2010 3
Respondent No. 5-Sukhwinder Singh son of Late Jarnail Singh is also present in Court. He also supports the statement made by Harvinder Kaur-respondent No. 4 in Court. He also states that they have no connection whatsoever from now onwards with the petitioners. Harvinder Kaur-respondent No. 4 and Sukhwinder Singh-respondent No. 5 have been identified by HC Jeewan Singh, Police Station Julkan, District Patiala, who is present in Court.
In the light of the statements given by respondents No. 4 and 5 in Court today and keeping in view the fact that the petitioners No. 1 and 3, after marriage, are residing together and have now a male child out of their wedlock, the interest of justice would be duly served by bringing an end to the criminal proceedings initiated by respondent No. 4 especially in the light of her statement in Court today.
In view of the above, the present petition is allowed. FIR No. 117 dated 20.09.2010 registered under Sections 363/366-A/120-B IPC at Police Station Julkan, District Patiala, and all consequential proceedings arising therefrom are hereby quashed.
(AUGUSTINE GEORGE MASIH )
November 29, 2011 JUDGE
pj