- (1.) The epitome of the facts, which needs a necessary mention for a limited purpose of deciding the sole controversy, involved in the instant petition and emanating from the record is that, Arvinder Kaur, daughter of Taljinder Singh (Caste Nai Sikh) complainant-respondent No.2 (for brevity "the complainant") was residing with her maternal uncle Rajbir Singh, at Tarn Taran. Gursewak Singh son of Kashmir Singh (petitioner No.1) was residing in front of the house of Rajbir Singh. They had fallen in love with each other. The complainant brought his daughter to his village Kot Dharam Chand Khurd, from the house of her maternal uncle, on the eve of spring holidays.
(2.) On 07.02.2011 at about 7.00 P.M., Arvinder Kaur had gone to pluck the vegetables from outside the gate of their house. The complainant and his wife waited for her, but she did not return back to home. They searched for her, but in vain. Subsequently, the complainant was informed by Gurbir Singh that Arvinder Kaur had gone to Amritsar with Gursewak Singh(petitioner No.1). She was stated to have allured by Gursewak Singh(petitioner No.1) with the connivance of his parents, minor sister and brother (petitioner Nos. 2 to 5). On the basis of aforesaid allegations and in the wake of statement of the complainant, the present case was registered against the petitioners-accused, vide FIR No.21 dated 08.02.2011 (Annexure P-1) under Sections 366-A and 120-B IPC, by the police of Police Station Sadar, Tarn Taran.
(3.) According to the petitioners that, Arvinder Kaur herself left her parental house, accompanied Gursewak Singh(petitioner No.1) and they voluntarily and with own free will solemnized their marriage out of their love and affection with each other, as per Hindu Rites and Ceremonies, on 06.02.2011 at Pathankot. After the marriage, they resided and cohabited as a husband and wife and a child was born out of their wedlock.;