RAJPAL SINGH @ RAJU AND ANOTHER Vs. STATE OF PUNJAB AND ANOTHER
LAWS(P&H)-2012-9-495
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 24,2012

RAJPAL SINGH @ RAJU AND ANOTHER Appellant
VERSUS
State of Punjab and Another Respondents

JUDGEMENT

- (1.) Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.83 dated 21.7.2012 (Annexure P-1), under Sections 363, 366, 120-B of the Indian Penal Code, 1860 ('IPC' for short) registered at Police Station Delhon District Ludhiana and all the subsequent proceedings arising therefrom.
(2.) Learned counsel for the petitioners has submitted that respondent No.3 has performed marriage with petitioner No.1 and presently they are residing together as husband and wife. Learned State counsel as well as learned counsel for respondent No.2, on the other hand, have opposed the petition. Respondent No.3, who is present in person, has admitted the factum of her marriage with petitioner No.1. She has stated that she has performed marriage with petitioner No.1 of her own free will and presently she is residing with petitioner No.1. Since, petitioner No.1 and respondent No.3 have performed marriage, continuation of criminal proceedings against the petitioners would be nothing but an abuse of process of law.
(3.) Accordingly, the present petition is allowed. FIR No.83 dated 21.7.2012 (Annexure P-1), under Sections 363, 366, 120-B IPC registered at Police Station Delhon District Ludhiana and all the subsequent proceedings, arising therefrom, are quashed.;


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