SATISH KUMAR MITTAL, J. - (1.) PETITIONERS Palwinder Kaur and Gurinder Singh have jointly filed this petition for quashing of FIR No. 55 dated 28.4.2004 under Sections 363/366/120-B IPC, registered at Police Station Beas, District Amritsar, and the subsequent proceedings arising therefrom.
(2.) THE aforesaid FIR was registered on the complaint made by Mukhtiar Singh, father of petitioner No. 1. In the complaint, it was alleged that petitioner No. 1 is aged about 17 years and she was abducted by petitioner No. 2 on 21.4.2004 during the night time. The case of the petitioners is that actually the petitioners are in love with each other for the last many years and they have performed the marriage on 5.5.2004 at Ludhiana. It is further the case of the petitioners that petitioner No. 1 at the time of the marriage was major as her date of birth is 3.3.1982. In support of this contention, the petitioners have annexed Matriculation Certificate of petitioner No. 1 issued by the Punjab School Education Board. Both the petitioners are present in the Court. Petitioner No. 1 Palwinder Kaur states that from the marriage, which she was performed with petitioner No. 2 on 5.5.2004, a female child has born on 23.7.2005. In this regard, birth certificate has also been placed on record as Annexure P-4. She further states that her father had lodged the aforesaid FIR by stating that she was minor at the time of the alleged occurrence. She states that she was major and had left the house of her father without any inducement or threat and performed the marriage with petitioner No. 2 with her own wish. She further stated that now she along with her husband and child is living happily. She prayed that the impugned FIR, which has been lodged by her father, should be quashed in the interest of justice.
(3.) IN view of the aforesaid stand taken by petitioner No. 1 and keeping in view the factual position, in my opinion, the continuation of the proceedings will be an abuse of the process of law and, therefore, in the interest of justice, the same are required to be quashed.;