IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 28.08.2025 GULAL SINGH @ GULAB SINGH ......Petitioner Versus STATE OF PUNJAB AND OTHERS .....Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. Ishan Gupta, Advocate for the petitioner.

Mr. Luvinder Sofat, Sr. DAG, Punjab.

Ms. Muskan Gupta, Advocate for respondent No.3.

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KIRTI SINGH , J. (ORAL)

CRM-33472-2025 This is an application under Rule 3-A(1) Chapter VI Part-B, Vol. V of the High Court Rules and Orders for grant of leave to file, plead and appear in the present petition.

Allowed as prayed for.

CRM-33473-2025 This is an application for placing on record the affidavit of respondent No.3 as Annexure A-1.

Heard. For the reasons mentioned in the application, the same is allowed and Annexure A-1 is taken on record.

CRM-M-37905-2025

1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 60 dated

05.04.2019 (Annexure P-1) registered at Police Station Patran, Patiala, under Sections 363 and 366-A of the IPC and Section 8 of the POCSO Act (Section 376(3) IPC and Section 4 of the POCSO Act were added later on)

along with all the subsequent proceedings arising therefrom.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present FIR on the statement of the father of the prosecutrix, on the allegation that the petitioner had enticed away his minor daughter on the pretext of marriage. It is submitted that the allegations levelled against the petitioner are frivilous. In fact, the victim, who has been made party to the present petition as respondent No.3, did not support the prosecution version against the petitioner. Furthermore, the petitioner and the respondent No.3 even solemnized their marriage in July 2020. Learned counsel further submits that the couple has since been living together as husband and wife and are blessed with two children. It is submitted that the present FIR is a classic example of the abuse of process of law, and keeping it alive will only cause undue hardships in the otherwise happy and peaceful life of the petitioner and respondent No.3. Reliance is placed on the judgments passed by the Hon’ble Supreme Court in Madhukar & Ors. Vs. The State of Maharashtra & Anr, 2025(3) RCR (Criminal) 625; Tilku Alias Tilak Singh Vs. The State of Uttarakhand, 2025(2) RCR (Criminal) 65 and Criminal Appeal No.001005 of 2025 (arising out of Special Leave Petition (Crl.) No.492 of 2025) titled as Makesh Mukund Patel Vs. State of U.P. and others in this regard.

3. Learned counsel for respondent No.3 submits that, in compliance of the order of this Court dated 21.07.2025, an affidavit has been filed on on behalf of respondent No.3 and is annexed as Annexure A-1. She further does not controvert the submissions made by the learned counsel for the petitioner and submits that respondent No.3 is happily married with the petitioner and does not wish for any action to be taken against him, and pray that in view of the same, the present FIR be quashed. An additional affidavit dated 21.07.2025 was also filed by respondent No.3, which reads thus:-

“1. That the main case is pending before this Hon'ble Court and is fixed for hearing on 28.8.2025. The present affidavit is being filed by the Deponent/Respondent No.3, in compliance to Order dated 21.7.2025 passed by this Hon'ble Court.

2. That vide main petition, the Petitioner has approached this Hon'ble inter-alia seeking setting quashing of impugned FIR No. 60 dated 5.4.2019 registered under section 363 and 366-A IPC and Section 8 of POCSO Act and further under section 376 (3) IPC and section 4 of POCSO Act (which were added later on), at Police Station P.S. Patran and all consequential proceedings arising therefrom as well as impugned Challan dated 25.5.2019, impugned charge-sheet dated 9.7.2019 and impugned supplementary Challan

27.6.2025.

3. That impugned FIR was registered at the instance of Respo