LAWS(P&H)-2020-2-42

RAJAN SHARMA Vs. U.T. OF CHANDIGARH

Decided On February 04, 2020
RAJAN SHARMA Appellant
V/S
U.T. OF CHANDIGARH Respondents

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.155 dated 09.07.2017 registered under Sections 363 , 366 of Indian Penal Code at Police Station Manimajra, U.T., Chandigarh (Annexure P/1) and all subsequent proceedings arising therefrom.

(2.) The FIR in question came to be registered by the complainant- respondent No.4 namely Munna Singh @ Brij Pal Singh alleging therein that the petitioner herein has kidnapped his daughter Monika on the pretext of marriage.

(3.) On the other hand, the version of the petitioner-Rajan Sharma is that in fact, he and respondent No.2 Monika (daughter of complainant- respondent No.4) were in love with each other. As this relationship came to the knowledge of their parents, they eloped together on 08.07.2017 and solemnized a marriage on 11.07.2017 with their sweet will at Shri Balaji Jyotesh Mandir, M.D.C. Panchkula. The petitioner produced on record Marriage Certificate and photograph of the marriage as Annexures P-2 and P-3 respectively. It is further submitted that respondent No.3-Anita herein, mother of respondent No.2-Monika, filed a Criminal Writ Petition No.883 of 2017 before this court to produce respondent No.2-Monika in the court, pursuant to which, respondent No.2-Monika appeared before this court and stated that she is residing with her husband (the petitioner herein) and in- laws and she has come to the court along with her mother-in-law. It is further stated that respondent No.2-Monika has also sent applications to the Superintendent of Police, Chandigarh (Annexure P-7) and SHO, Police Station Manimajra, Chandigarh (Annexure P-8) for cancellation of the FIR in question. It is further submitted that subsequent thereto, the matter has been compromised between the parties vide Annexure P-9. With these averments in the petition, quashing of the FIR has been prayed for.