KULDEEP SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Tersely, the facts and material, culminating in the commencement, relevant for disposal of the instant petition and emanating from the record, are that, Arshdeep Kaur daughter of complainant Babu Singh son of late Gurdev Singh-respondent No.2 (for brevity 'the complainant'), had voluntarily left her parental house on 07.08.2013. He searched for her but in vain. On the basis of suspicion, he reported the matter to the police. In the wake of statement (Annexure P-2) of the complainant, the present case was registered against the petitioner-accused Kuldeep Singh son of late Ram Singh, vide FIR No.86 dated 09.08.2013, on accusation of having the committed the offences punishable under Sections 363 and 366-A IPC, by the police of Police Station Sardul (Grah), District Mansa.

(2.) Now, the petitioner-accused has preferred the instant petition, to quash the impugned FIR (Annexure P-2) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr.PC, inter alia, pleading that Arshdeep Kaur daughter of the complainant had voluntarily performed her marriage with the petitioner against the wishes of her father on 07.08.2013. After solemnization of the marriage and apprehending danger to their lives, they filed a joint protection petition bearing CRM-M No.26222 of 2013, which was disposed of, by means of order dated 12.08.2013 (Annexure P4), by a Co-ordinate Bench of this Court (Sabina, J.). Since then, they are residing together as husband & wife and cohabited as such. According to the petitioner that even, Arshdeep Kaur has conceived a child from his loins. They are now residing happily as husband and wife in her matrimonial home.

(3.) Leveling a variety of allegations and narrating the sequence of events, in all, the petitioner claimed that since Arshdeep Kaur was major, has voluntarily left her parental house, performed her marriage with him with her own free will & consent and they are residing together as husband & wife, so, no indicated offences are made out against him. On the strength of aforesaid grounds, the petitioner-accused sought to quash the impugned FIR (Annexure P-2) and all other subsequent proceedings arising therefrom, in the manner depicted hereinabove.