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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
N.S.SHEKHAWAT
............ – Appellant
Versus
............ – Respondent
| Table of Content |
|---|
| 1. overview of fir filing based on alleged kidnapping and marriage dispute. (Para 1 , 2) |
| 2. conflicting contentions regarding consent, majority status, and familial reconciliation. (Para 3 , 4 , 5) |
| 3. judicial precedent favoring quashing firs to preserve established matrimonial harmony. (Para 6 , 7 , 8 , 9 , 10) |
| 4. quashing proceedings to prevent legal abuse and protect the family unit. (Para 11 , 12) |
JUDGMENT :
N.S. SHEKHAWAT, J.
1. The petitioners have filed the present petition under section 482 Cr.P.C. with the prayer to quash the FIR No.54 dated 03.11.2016 under Sections 363/366-A/506/120-B IPC ( Sections 3 and 4 of POSCO Act and Sections 9 , 10 and 11 of Prohibition of Child Marriage Act, 2006 added later on) registered at Police Station Kalanaur, District Gurdaspur (Annexure P-1) and all consequential proceedings arising therefrom.
2. Learned counsel for the petitioners contends that as per the allegations levelled by the complainant, namely, Amarjit Singh, the date of birth of his daughter Sharanjit Kaur was 02.05.1999. About one and half year ago, his daughter Sharanjit Kaur went to stay with his aunt (Massi), namely Vidhi, where Sarabjit Kaur wife of Lakhwindar
The High Court may exercise its inherent powers to quash criminal proceedings when the parties have reconciled, entered into a marital relationship, and are living as a stable family, as continuing t....
The court exercised its jurisdiction under Section 482 Cr.P.C and considered the humanitarian approach to prevent the ruin of the lives of the petitioner, the prosecutrix, and their child.
The court established that a victim's marriage to the accused and her consent can negate allegations of kidnapping under IPC and POCSO Act.
The main legal point established is that exceptional circumstances, such as a consensual relationship, settlement, marriage, and the birth of children, can influence the court to quash an FIR in the ....
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