JUDGEMENT
-
(1.) Concisely, the facts and material, culminating in the commencement, relevant for disposal of the instant petition and emanating from the record are that, in the morning of 10.05.2012, as soon as, complainant-Anju wife of Tilak Raj, respondent No.2(for brevity "the complainant") woke up, then she found her daughter Anmol(respondent No.3) missing from her bed. According to the complainant that, petitioner No.1-Rohit Chohan @ Bunty son of Shiv Singh, had enticed away her daughter on the pretext to solemnize marriage with her in connivance of his parents. In the background of these allegations and in the wake of complaint of the complainant, a criminal case was registered against the petitioners-accused, by way of FIR No.68 dated 30.06.2012(Annexure P- 1), on accusation of having committed the offences punishable under Sections 363 and 366-A IPC, by the police of Police Station Gate Hakima, Amritsar.
(2.) Aggrieved by the initiation of the criminal case, now the petitioners-accused have preferred the present petition, to quash the impugned FIR(Annexure P-1) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr.P.C., inter alia, pleading that Anmol(respondent No.3), daughter of the complainant, was major at the relevant time, as per Birth Certificate(Annexure P-2) and her date of birth is 22.07.1994. She had fallen in love with petitioner No.1, three years prior to their marriage. They decided to marry with each other. But the complainant did not allow her to perform the marriage with petitioner No.1. Consequently, she had voluntarily left her parental house on 25.07.2012 and came to petitioner No.1. Thereafter, petitioner No.1 and respondent No.3 performed the marriage on 26.07.2012 without any kind of pressure, as per Marriage Certificate (Annexure P-3).
(3.) Levelling a variety of allegations and narrating the sequence of events in detail, in all, the petitioners claimed that respondent No.3 had voluntarily left her parental house and performed the marriage with petitioner No.1, without any kind of pressure. So, no indicated offences are made out against them in this respect. On the strength of aforesaid grounds, the petitioners-accused sought to quash the impugned FIR (Annexure P-1) and all other subsequent proceedings arising therefrom, in the manner depicted hereinabove.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.