The Act does not provide for punishment of a child in case of a child marriage.

ARVIND SINGH SANGWAN, J.

1. Prayer in this petition is for quashing of FIR No.115 dated 19.08.2015 (Annexure P3) registered under Section 10/11 of the Prohibition of Child Marriage Restraint Act, 2006 (in short 'the Act') at Police Station Division No.2, District Ludhiana.

2. Brief facts of the case are that petitioner No.1 namely Vipinjot Kaur, daughter of Raj Sikander and Amarjit Kaur and petitioner No.2 namely Satinderpal Singh son of Jaspal Singh and Peeta allegedly performed marriage on 25.04.2015 against the consent and wishes of their parents in Prachin Shiv Mandir, Panchkula. Since, it was a case of run-away couple, both the petitioners filed CRM-M No.13711 of 2015 and on 29.04.2015, the following order was passed by this Court:-

“Petitioner no. 2 is stated to be less than 21 years of age.

Notice of motion, for 28.08.2015.

On the asking of Court, Mr. Gurveer Sidhu, AAG, Punjab accepts notice on behalf of respondents no. 1 to 3.

Let requisite number of copies of paper-book be supplied to learned State counsel during course of the day.

In the meanwhile and without commenting on the validity of marriage of correctness of ages of the petitioners, respondent no. 2-Commissioner of Police, Ludhiana is directed to look into the allegations contained in representation dated 25.04.2015 (Annexure P-4) and if warranted, take appropriate steps in accordance with law.

It is made clear that if a complaint for criminal offence or an FIR is pending, this order shall not cause any hindrance in those proceedings.

Both the petitioners are directed to remain present in Court on the next date of hearing.

Respondent no. 2 would also file response as to what proceedings have been initiated for violation of provisions of the Prohibition of Child Marriage Act, 2006.”

3. In pursuance to the order dated 29.04.2015, the FIR No.115 dated 19.08.2015 was registered at Police Station Division No.2, District Ludhiana under Section 10 of the Act as the petitioner No.2 – Satinderpal Singh was below 21 years of age. This FIR was registered against the petitioners as well as the parents of both the petitioners named above with the allegations that they have performed marriage in violation of the provisions of the Act.

4. The parents of both the petitioners have filed CRM-M No.23541 of 2016 titled as “Jaspal Singh and others vs. State of Punjab and another”, praying for quashing of the FIR and after issuing notice of motion, the said FIR was quashed by this Court qua the parents of the petitioners vide order dated 08.08.2017. The order dated 08.08.2017 reads as follows:-

“Petitioners-Jaspal Singh, Tajinder Kaur, Raj Sikander and Amarjit Kaur have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing FIR No.115 dated 19.8.2015, (Annexure P3) under Sections 10/11 of Prohibition of Child Marriage Restraint Act, 2006 ('Act'' for short), registered at Police Station Division No.2 , District Ludhiana.

Brief facts of the case are that the son of petitioner No. 1 and 2, namely, Satinderpal Singh and daughter of petitioners No. 3 and 4, namely, Vipinjot Kaur filed CRMM-13711 of 2015 in this Court praying for issuance of direction to safeguard their life and liberty as they had performed marriage on 25.4.2015 without the consent of the petitioners. In this petition (At Annexure P1), it was alleged that the aforesaid Vipinjot Kaur's date of birth is 18.12.1996 and Satinderpal Singh's date of birth is 19.2.1995. While issuing notice of motion on 29.4.2015, the following order was passed by this Court:-

“Petitioner no. 2 is stated to be less than 21 years of age.

Notice of motion, for 28.08.2015.

On the asking of Court, Mr. Gurveer Sidhu, AAG, Punjab accepts notice on behalf of respondents no. 1 to 3.

Let requisite number of copies of paper-book be supplied to learned State counsel during course of the day.

In the meanwhile and without commenting on the validity of marriage of correctness of ages of the petitioners, respondent no. 2-Co