LAWS(P&H)-2012-5-424

PREM KUMAR Vs. STATE OF HARYANA AND OTHERS

Decided On May 22, 2012
PREM KUMAR Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) As, identical questions of law and facts are involved, therefore, I propose to decide both the above indicated petitions, arising out of the same FIR (case), by means of this common judgment, in order to avoid the repetition.

(2.) Tersely, the facts and material, culminating in the commencement, relevant for disposal of the present petitions and emanating from the record are that, on 20.02.2010, Manju Bala @ Sanju Bala(respondent No.3), daughter of complainant Salochna Devi wife of Bhajan Lal, respondent No.2(for brevity "the complainant") had left her house from village Bhirdana, District Fatehabad, of her own accord. According to the complainant that, although her daughter Manju Bala was minor, but Prem Kumar, petitioner-accused enticed her away and performed the marriage with the connivance of his mother petitioner-Paro Devi. In the background of these allegations and in the wake of complaint of the complainant, the present case was registered against the petitioners-accused, vide FIR No.344 dated 06.11.2010(Annexure P-2), on accusation of having committed the offence punishable under Sections 363, 366, 366-A and 120-B IPC, by the police of Police Station Sadar Fetehabad, District Fatehabad.

(3.) The petitioners-accused did not feel satisfied with the registration of the criminal case against them and preferred the present petitions, to quash the impugned FIR(Annexure P-2) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr.P.C.