Nirmaljit Kaur, J. - (1.) The present petition under Section 482 Criminal Procedure Code has been moved for quashing of FIR No.89 dated 16.11.2008 registered under Sections 363/366-A and 120-B Indian Penal Code wrongly at Police Station Kathgarh, District Shaheed Bhagat Singh Nagar.
(2.) The FIR in question was got registered by respondent No.2 on the allegations that her daughter namely Kamaljeet Kaur has been kidnapped by petitioner No.1. It is contended that the petitioners have been implicated in a false case by respondent No.2 whereas the petitioners have committed no offence. It is further contended that daughter of respondent No.2 left her house and came in contact with petitioner No.1 in the month of April, 2009 and conducted marriage with petitioner No.1 on 19.4.2009 out of her own sweet will.
(3.) In support of his argument, learned counsel for the petitioners has referred to Annexure P-4 affidavit sworn by Kamaljeet Kaur daughter of respondent No.2 to say that no offence as alleged in the FIR is made out against the petitioners as the petitioners have never kidnapped or abducted her. Daughter of the complainant has herself stated in the affidavait that she has never been kidnapped or abducted by any person. Rather, she has left her home out of her own free will. On 26.8.2010, following order was passed: Learned counsel for the petitioners submits that the prosecutrix is present in court today. According to him, she is at present living with petitioner No.1, her husband. He submits that prosecutrix is ready to appear on the next date fixed before the trial Court. Learned State counsel submits that charge in the case has already been framed and prosecution has no objection to the prosecutrix appearing before the trial Court and making a statement, He, on instructions from S.I. Balwinder Singh, who is present in Court submits that petitioners shall not be arrested till the next date of hearing. In pursuance to the said order, Kamaljit Kaur daughter of respondent appeared before the trial Court on 2.12.2010 and got her statement recorded, which is as under: Accused Kuldip Singh or his son Raj Kumar alias Jasbir Singh did not take me from my house forcibly. In-fact, my parents wanted to marry me with a person who was quite old in age than me. I did not want to marry with that person and my parents were also pressurising and beating me, therefore, I voluntarily left my house. In April 2009, Jasbir Singh met me and we devolved intimacy and I married with him on 19.4.2009 at Ajmer in Rajasthan in Arya Samaj Mandir. I have seen my marriage certificate, the same is Ex. DA. I got my marriage registered. I have beought the original registration certificate, the same is Ex.DB. A writ petition was filed by the accused any my husband in the Hon'ble High Court and I have filed my affidavit in that writ petition and the copy of the affidavit bears my signature. The same is Ex.DC. At the time of my marriage with Jasbir Singh, I was major. I am residing with my husband. No one had kept me illegally against my wishes. I am in advance stage of pregnancy from the loins of my husband. My father got registered a false case against the accused. X X X X X X X by Shri Dharam Pal, Addl. Public Prosecutor for State:- My date of birth is 13.4.1990. I have not good terms with my parents. It is wrong to suggest that Jasbir Singh Forcibly Kidnapped me from my house. It is wrong to suggest that Kuldip Singh was instrumental for my kidnapping by Jasbir Singh, It is wrong to suggest that I have deposed falsely.;