IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 28.10.2025 Jabbar Singh @ Jabar Singh @ Satta ......Petitioner Versus State of Punjab and others .....Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. Harsh Rana, Advocate for the petitioner.

Mr. Luvinder Sofat, Sr. DAG, Punjab.

Mr. Mudit Johar, Advocate for respondents No. 2 and 3.

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KIRTI SINGH , J. (ORAL)

1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 31 dated 05.4.2021, under Sections 363 and 366 IPC and later on added Section 376 IPC, Section 6 of Prevention of Children From Sexual Offences Act, 2012 (for short ‘the POCSO Act’) and Section 3 and 4 of SC/ST Act, registered at Police Station Shri Chamkaur Sahib, District Rupnagar and all other consequential proceedings arising therefrom.

2. The brief facts of the case are that the present FIR has been registered against petitioner on the statement of respondent No. 2 on the allegations that the petitioner has enticed away his daughter-respondent No. 3. Subsequently, the victim was recovered and her statement under Section 161 Cr.P.C. was recorded, whereupon offences under Sections 376 IPC, Section 6 of the POCSO Act and Sections 3 and 4 of the SC/ST Act were added.

3. Learned counsel for the petitioner submits that petitioner has I attest to the accuracy and been falsely implicated in the present case on the statement made by the father of the prosecutrix. Initially, respondent No. 2 (father of the victim- respondent No. 3) made a complaint with the police with regard to kidnapping of her daughter by some unknown person. However, on the subsequent statement made by respondent No. 2 on 14.4.2021, the petitioner was nominated as an accused in the present FIR. It is submitted that the petitioner and the prosecutrix (respondent No.3 herein) were in fact known to each other previously, and they had solemnized marriage on 12.1.2023, subsequent to which they also sought and were granted protection by the Court of learned Additional Sessions Judge, Rupnagar. Reliance in this regard has been made to the marriage certificate (Annexures P-5 and P-6). Moreover, the parties have also been blessed with a child on 15.10.2023. It is further submitted that during the course of trial, the victim did not support the case of the prosecution and has turned hostile. Reliance in this regard has been placed upon Annexure P-3. 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. It is, therefore, prayed that the present FIR against the petitioner be quashed. In support of his submissions, the learned counsel for the petitioner has placed reliance on the judgment passed by the Hon’ble Supreme Court in 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

4. Learned counsel for respondents No. 2 and 3 does not controvert the submissions made by the learned counsel for the petitioner. He submits that respondent No. 3 is happily married with the petitioner and I attest to the accuracy danodes not wish for any action to be taken against him.

5. Per contra, the learned State counsel opposes the present petition, and submits that in view of the serious allegations levelled against the petitioner, the instant petition deserves to be dismissed.

6. Heard the contentions advanced by the learned counsel for the parties and perused record with their able assistance.

7. Vide order dated 16.9.2025, the parties were directed to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the factum of their marriage.

8. Pursuant to the aforesaid order, report dated 24.9.2025 has been received from the Additional District and Sessions Judge, Rupnagar. A perusa