- Court
- High Court of Punjab and Haryana
- Decided
- 25 July 2024
- Bench
- Harpreet Singh Brar
- Case no.
- CRM-M 45264/2023
Judgment
264 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-45264-2023 Date of decision: 25.07.2024 GURPREET ...PETITIONER V/S STATE OF HARYANA AND OTHERS ...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Sandeep Singh Jattan, Advocate for the petitioner. Mr. Vikas Bhardwaj, AAG, Haryana. Ms. Pushpinder Kaur, Advocate for respondent No.2. 0000 HARPREET SINGH BRAR J. (ORAL)
1. The petitioner through instant petition under Section 482 Cr.P.C. is seeking quashing of FIR No.469 dated 09.09.2020 (Annexure P-1) registered under Sections 363, 366-A and 376(3) of IPC, 1860 (Section 376(2)(n) IPC added later on) and Section 6 of The Protection of Children From Sexual Offences Act, 2012 at Police Station Sadar Pehowa, District Kurukshetra, Haryana and all other consequential proceedings arising therefrom. FACTUAL MATRIX
2. The complainant (Tai of the victim) lodged a complaint on
09.09.2020 alleging that prosecutrix is 15 years and 08 months old and is staying with her and her brother-in-law is residing in Canada for last two years. Two months back, Gupreet Singh (petitioner) has enticed the prosecutrix. After one and half month, the prosecutrix was recovered and was returned to the complainant. The prosecutrix again on 08.09.2020 left her home without informing anybody. As such, the FIR was registered. On 03.09.2021, the prosecutrix was recovered along with two months old girl child. CONTENTIONS
3. Learned counsel for the petitioner inter alia contends that CRM-M-45264-2023 2
petitioner and respondent No.2 were in a consensual relationship and ultimately, they performed love marriage and the FIR (supra) was lodged by the complainant/respondent No.3 as she opposed the relationship of the petitioner and respondent No.2. It is further contended that respondent No.2 has married with the petitioner with her own sweet will. The date of birth of respondent No.2 is 04.10.2004 and now she has attained majority. Learned counsel further submits that even in statement of prosecutrix under Section 164 Cr.P.C., she stated that she went with petitioner with her own will. Since, performing the marriage, the petitioner and respondent No.2 are cohabiting together as husband and wife and out of the wedlock, a female child was born. Learned counsel for the petitioner further submits that since petitioner and daughter of respondent no.2 have solemnized their marriage with free will and are peacefully leading their matrimonial life together, the offences under Sections 363 and 366-A IPC cannot be made out and therefore, continuation of proceedings in FIR (supra) would be an abuse of process of law. Learned counsel places reliance on the following: Sr. No. Case Title Court
1. K. Dhandapani v. The State 2022(2) R.C.R.(Criminal) 987
2.k Ananda D.V. V. State and others 2021(OLR) 1074 Hon'ble Supreme Court
3.k Kapil Gupta v. State of NCT of Delhi and others 2022(4) R.C.R.(Criminal) 497
4.k Jatin Aggarwal v. State of Telangana and others 2022(2)R.C.R(Criminal) 603 CRM-M-45264-2023 3
5.k Ranjeet Kumar v. State of H.P. and others Himachal Pradesh High MANU/HP/2314/2013 Court (DB)
6.k Narinder Kaur @ Ninder Kaur and others Punjab and Haryana High v. State of Punjab and others Court CRM-M-41204-2020
7.k Ashik Ramjan Ansari v. The State of Bombay High Court Maharashtra and others 2023 CriLJ 3633
8.k Sabari v. Inspector of Police, Belukurichi Police Station and others 2019(3) Madras High Court R.C.R(Criminal) 452
9.k Jitender Kumar Sharma v. State and others Delhi High Court (DB) 2010(4) R.C.R.(Criminal) 20
10.k Skhemborlang Suting and others v. State of Meghalaya and others Meghalaya High Court MANU/MG/0054/2022
11.k Tarun Vaishnav v. State of Rajasthan and Rajasthan High Court others MANU/RH/16181/2022
12. Kundan and another v. State and others Delhi High Court Crl.M.C. 27/2022
13. Devendranath v. State of U.T. Chandigarh Punjab and Haryana High and Others Court CRM-M-23281-2023
14. Madan Lal and others vs. State of Punjab Punjab and Haryana High and another Court 2017 (3) R.C.R. (Criminal) 403 CRM-M-45264-2023 4
4. There is no representation on behalf of respondent No.3. Learned counsel for respondent No.2 affirms the aforesaid factum and submits that petitioner and respondent No.2 are married and cohabiting together peacefully as husband and wife.
5. Per contra, learned State counsel, on instructions from ASI Mukesh Devi, affirms the fact that petitioner and prosecutrix/respondent No.2 are cohabiting together as husband and wife. Learned State counsel further submits that the prosecutrix has turned hostile in her testimony before the learned trial Court. ANALYSIS & OBSERVATION
6. Having heard the learned counsel for the parties and after perusing the record with their able assistance, it transpires that respondent No.2 solemnized marriage with petitioner in the year 2020. The marriage between two persons who do not satisfy the age criterion, as laid down by Section 5 of the Hindu Marriage Act, 1955, does not become void ab inito. Such a marriage would be voidable at the instance of the minor party. Therefore, in absence of such declaration in view of the Prohibition of Child Marriage Act, 2006, the marriage subsists and the husband can be the legal guardian of his minor wife, as reaffirmed by a Division Bench of this Court in Mamta v. Rohan Verma 2022(2) R.C.R.(Civil) 349. A Full Bench of Delhi High Court in Court on its Own Motion (Lajja Devi) versus State 2012(4) CCR 72 has held that if the girl is more than 16 years of age and makes a statement to the effect that she left of her own volition and records a statement indicating that the consent was without any force, coercion or undue influence, the Court will be within its power to accept the statement and quash proceedings under Sections 363 or 376 of the IPC. It has been further held that the FIR can be quashed if after CRM-M-45264-2023 5
attaining the age of majority, she affirms and reiterates her consent.
7. Respondent No.2 has now attained the age of majority and wants to continue with her matrimonial life and her statement dated 21.02.2023 is also annexed as Annexure P-4, wherein she has asserted that she left with the petitioner with her own consent and is happily married to him. If the criminal proceedings against the petitioner allowed to continue, not only will it lead to unnecessary incarceration of the petitioner but also leave respondent No.2 bereft of financial and emotional support. Thus, no useful purpose would be served by continuing the proceedings as the chances of conviction are abysmal. The continuance of the present proceedings in the present case would be nothing but wastage of valuable judicial time, especially, when the Courts are already over-burdened. CONCLUSION
8. In view of above facts and circumstances, the present petition is allowed.
9. Accordingly, the FIR No.469 dated 09.09.2020 (Annexure P-1) registered under Sections 363, 366-A and 376(3) of IPC, 1860 (Section 376(2)(n) IPC added later on) and Section 6 of The Protection of Children From Sexual Offences Act, 2012 at Police Station Sadar Pehowa, District Kurukshetra, Haryana and all other consequential proceedings arising therefrom, are quashed qua the petitioner.
(HARPREET SINGH BRAR) July 25, 2024 JUDGE manisha
(i) Whether speaking/reasoned Yes/No
(ii) Whether reportable Yes/No
Source: High Court of Punjab and Haryana, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.