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The Indian Penal Code
Section 366 in The Indian Penal Code
Section 34 in The Indian Penal Code
Section 363A in The Indian Penal Code

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Punjab-Haryana High Court
Gaurav vs State Of Punjab And Others on 28 February, 2012

CRM No.36391 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH

CRM No.M-36391 of 2011

Date of decision:28.2.2012

Gaurav

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE Ms. JUSTICE RITU BAHRI Present: Mr. Vinod Bhardwaj, Advocate, for the petitioner.

Mr. Rajinder Mathur, AAG, Punjab.

Dr.Naresh Kaushik, Advocate,

for respondent No.2.

RITU BAHRI, J. (Oral)

Quashing of FIR No.125 dated 18.12.2009 under Sections 363-A, 366/34, IPC registered at P.S.Maur, District Bathinda and the proceedings consequential there to are sought. Learned counsel for the petitioner submits that the impugned FIR was registered on the statement of father of respondent No.1. He further submits that respondent No.1 and the petitioner are now residing happily. Service is complete. However, respondent No.3 has not put in appearance.

Respondent No.2 alongwith her counsel has put in appearance and placed on record a copy of reply. As per reply filed by respondent No.2, petitioner and respondent No.2 are living a happy married life and have been blessed with a son. It is also made CRM No.36391 of 2011 2 out in the reply that respondent No.2 was neither kidnapped nor abducted by the petitioner and the instant FIR is false and has been lodged being annoyed of marriage performed against parents wishes. Heard.

Keeping in view the averments made in the reply and respondent No.3 chose not to appear despite service, the present petition is allowed. Consequently, FIR No.125 dated 18.12.2009 under Sections 363-A, 366/34, IPC registered at P.S.Maur, District Bathinda and the proceedings consequential there to are quashed qua petitioner in the facts and circumstances of the case. 28.2.2012 (RITU BAHRI) mks JUDGE