JYOTI BALA AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Concisely, the facts and material, which need a necessary mention for the limited purpose of deciding the core controversy involved in the instant petition and emanating from the record are that in the night intervening between 5/6-12.2009, Jyoti Bala(Petitioner No. 1), wife of Manga Singh (Petitioner No. 2) had voluntarily left her parental house. As soon as in the morning of 6.12.2009, at about 5 a.m., Kailash Rani(her mother) woke up, she found Jyoti Bala missing from her bed. She informed about the incident to his son Rakesh Kumar-complainant. They searched for her but in vain. They suspected that Manga Singh son of Sewa Singh petitioner No. 2, has enticed her away, in connivance with his parents, with the intention to marry her with petitioner No. 2. According to the prosecution that the accused kidnapped and enticed away Jyoti Bala with intention to marry her with petitioner No. 2 In the back ground of these allegations and in the wake of statement of complainant-Rekesh Kumar, a criminal case was registered against the accused, vide FIR No. 315 dated 8.12.2009(Annexure P-1) on accusation of having committed the offences punishable under Sections 363, 366 and 120-B IPC by the police of Police Station, Sadar Fazilka, District Ferozepur, in the manner indicated hereinabove.

(2.) The petitioners, Jyoti Bala(wife), her husband Manga Singh, and Sewa Singh and Reshma, parents of Manga Singh, did not feel satisfied with the registration of criminal case against them and preferred the present petition to quash the impugned F.I.R. (Annexure P-1) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr.P.C.

(3.) The case set up by the petitioners, in brief, in so far as relevant, is that petitioner No. 1-Jyoti Bala had fallen in love with petitioner No. 2- Manga Singh. They intended to perform marriage with each other but her mother and brother were against inter caste love marriage. When they came to know about their love affairs, then they forced petitioner No. 1 to marry to some other person, but she refused to do so. Consequently, she had voluntarily left her house and performed the marriage with petitioner No. 2 with consent and without any kind of pressure. They are now residing as husband and wife.