NARESH KUMAR ALIAS GULLI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prayer in this petition is for quashing of FIR No.79 dated 23.5.2002, under sections 363, 366, 120-B IPC, registered at Police Station Balachaur, District Nawanshahar.

(2.) The afore-mentioned FIR was registered on a complaint made by respondent No.2 (Chet Ram), who is father of Seema. It was alleged the complainant's daughter was of 16 years of age and was allegedly abducted by and in connivance with the petitioners. From the contents of the FIR itself, it prima-facie appears that the complainant's daughter was having some affair with one Ravi Rai @ Bittu, son of Karam Chand. It is contended on behalf of the petitioners that the FIR was got registered by respondent No.2 under a bona fide wrong impression inasmuch as his daughter Seema is not 16 years of age, rather, in her letters, Annexures P-2 to P-4, she has admitted that she is more than 24 years of age. It is averred that the above stated misunderstanding having been clarified, both the parties have amicable resolved their compromise vide compromise deed (Annexure P-7). Notice of motion was issued and further proceedings were stayed.

(3.) Learned State Counsel, on instructions from ASI Tara Singh, does not seriously dispute the fact that at the relevant time, Seema, daughter of the complainant, was major as she was about 24-25 years of age. Learned State Counsel further informs that the police authorities are primafacie satisfied that the allegations in the FIR are incorrect, however, cancellation report could not be presented as further proceedings were stayed by this Court.