BALWINDER SINGH & ORS Vs. STATE OF PUNJAB & ANR
LAWS(P&H)-2012-3-206
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 05,2012

Balwinder Singh And Ors Appellant
VERSUS
State Of Punjab And Anr Respondents

JUDGEMENT

- (1.) Tersenessly, the facts and material, which need a necessary mention, relevant for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, are that Simar Kaur, daughter of late Jagir Singh, started residing with her maternal grand-father (Nana) complainant Dalip Singh (respondent No. 2) (for brevity "the complainant"), 8/10 years prior to the present occurrence in village Mallanwala, Tehsil Zira, District Ferozepur. According to the complainant that on 19.8.2008 at about 7.00 PM, Kashmiro Bai (petitioner No. 3) called Simar Kaur outside the house. She was made to sit on the pillion seat of motorcycle of petitioner No. 1 Balwinder Singh. All the accused fled away alongwith Simar Kaur on two motorcycles. The complainant raised noise, which attracted the villagers. He (complainant) continued searching her, but in vain. Ultimately, the matter was reported to the police on 12.9.2008 by the complainant.
(2.) Levelling a variety of allegations and narrating the sequence of events, in all, the complainant claimed that the accused enticed away Simar Kaur, his grand-daughter, with the intention to marry her with Balwinder Singh (petitioner No. 1). In the background of these allegations and in the wake of statement of the complainant, the present case was registered against the accused, vide FIR, bearing No. 135 dated 12.9.2008 (Annexure P3), on accusation of having committed the offences punishable under Sections 363, 366A and 120B IPC by the police of Police Station Mallanwala, District Ferozepur, in the manner depicted hereinabove.
(3.) The petitioners-accused did not feel satisfied with the initiation of criminal prosecution against them and preferred the instant petition for quashing the impugned FIR (Annexure P3) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr.PC.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.