DEVENDER SINGH Vs. STATE OF PUNJAB & ORS.

JUDGEMENT

(1.) AS identical points of law & facts are involved, therefore, I propose to decide the indicated petitions, bearing CRM No. M -1409 of 2013 (for brevity "the 1st case") preferred by petitioner Devender Singh s/o Rajinder Singh and CRM No. M -37878 of 2012 (for short "the 2nd case") filed by petitioners Jaswinder Singh alias Jassi & Anr., arising out of the same FIR/case, vide this common order in order to avoid the repetition of facts. The contour of the facts & material, which needs a necessary mention for the limited purpose of deciding the instant petitions and emanating from the record, is that Ranjit Kaur alias Ladi (respondent No. 3), daughter of complainant Bahadur Singh (respondent No. 2) (for brevity "the complainant") was studying in B.Tech 1st year in IET Bhadal College. On 16.11.2012, she eloped with Devender Singh petitioner (in 1st case). The complainant claimed that petitioner Devender Singh and his relatives/friends have allured his minor daughter Ranjit Kaur in an Alto car to marry with him. He reported the matter of missing of his daughter to the police. In the background of these allegations and in the wake of complaint of the complainant, a criminal case was registered against the petitioners -accused, by way of FIR, bearing No. 149 dated 17.11.2012 (Annexure P1), for the commission of offences punishable under Sections 363 and 366 read with section 34 IPC (the offences u/ss 420, 467, 468 and 471 IPC were added later on) by the police of Police Station Sadar Roop Nagar in the manner depicted here -in -above.

(2.) AGGRIEVED thereby, now petitioner Devender Singh has directed Criminal Misc. No. M -1409 of 2013 (1st case), whereas petitioners Jaswinder Singh alias Jassi & Anr. have filed Criminal Misc. No. M -37878 of 2012 (2nd case) to quash the impugned FIR (Annexure P1) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr. PC, inter -alia pleading that Ranjit Kaur (respondent No. 3 in 1st case), daughter of complainant -respondent No. 2 has herself accompanied petitioner Devender Singh. She was in love with him before marriage. They were major and performed their love marriage against the wishes of their parents, vide marriage certificate (Annexure P2). She is now residing happily with her husband in her matrimonial home. According to the petitioners that the complainant started giving threats to kill them. After solemnization of marriage, they made representation (Annexure P3) to the concerned SSP. Sequelae, apprehending danger to their lives and liberty, they filed a protection petition, bearing CRM No. M -36433 of 2012 titled as "Ranjeet Kaur & Anr. Vs. State of Punjab & Ors.", which was allowed by a Coordinate Bench of this Court (Sabina, J.), by means of order dated 19.11.2012 (Annexure P4). It was claimed that the complainant has filed the present case against the petitioners with an ulterior motive in order to wreak vengeance. The petitioners claimed that under these circumstances, no indicated offences are made out against them. On the strength of aforesaid grounds, they sought to quash the impugned FIR (Annexure P1) and all other consequent proceedings arising thereto in the manner described here -in -above.

(3.) AFTER hearing the learned counsel for the parties, going through the record with their valuable help and after considering the entire matter deeply, to my mind, the instant petitions deserve to be accepted in this context.