REKHA MITTAL, J. - (1.) THE petitioner has invoked Section 482 of the Code of Criminal Procedure for quashing of FIR No. 24 dated 15.2.2014 for offence under Section 366 of the Indian Penal Code, registered at Police Station, Barnala (Annexure P -2) and proceedings emanating therefrom. Short affidavit of Harpal Singh, Deputy Superintendent of Police, Sub Division, Barnala, District Barnala, filed in court, is taken on record.
(2.) COUNSEL for the petitioner contends that the petitioner performed marriage with Baljeet Kaur, respondent No. 3 on 13.2.2014 when she had already attained the age of majority as she was born on 19.5.1994. The petitioner and respondent No. 3 filed a joint petition CRM -M -6204 of 2014 seeking protection to their lives and liberty at the behest of family members of Baljeet Kaur as she performed marriage against the wishes of her parental family members which was disposed of by this Court on March 04, 2014. It is further submitted that as respondent No. 3 was major and competent to perform marriage on 13.2.2014, no offence under Section 366 IPC is made out against the petitioner. It is further submitted that, in case, the instant FIR is not quashed, it may create disharmony in marital relations between the petitioner and respondent No. 3. The last submission made by counsel is that criminal proceedings initiated by Jatinder Singh, cousin brother of Baljeet Kaur are nothing but abuse and misuse of process of law and liable to be quashed. Counsel for the State of Punjab, in view of short affidavit of Harpal Singh, Deputy Superintendent of Police, Sub Division, Barnala, District Barnala, has submitted that as per 5th standard examination certificate issued by the Education Department (SCIRT) in the year 2005, the date of birth of Baljeet Kaur is 19.5.1994 and she has attained the age of majority.
(3.) RESPONDENT No. 2 failed to appear in the Court to controvert the allegations of the petition. In view of arguments advanced by counsel for the petitioner when examined in the light of affidavit of Harpal Singh, Deputy Superintendent of Police, Sub Division, Barnala, District Barnala, I find merit in the contentions of the petitioner that criminal proceedings initiated at the instance of respondent N. 2 in regard to alleged kidnapping of Baljeet Kaur are nothing but abuse and misuse of process of law.;