The High Court
Case Details
CRM-M-46674 46674-2023 1 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH (203) Singla Anuj Singla CRM-M-46674-2023 25.09.2025 Date of Decision:- 25.09.2025 ……Petitioner ……Petitioner Versus State of Haryana and Anr. State of Haryana and Anr. ……Respondents ……Respondents CORAM:
Legal Reasoning
Gurpreet v. State judgment passed by a coordinate Bench of this Court in Gurpreet v. State judgment passed by a coordinate Bench of this Court in judgment passed by a coordinate Bench of this Court in 2023, decided on 25.07.2024, to of Haryana and Others, CRM-M-45264-2023, decided on 25.07.2024, to 2023, decided on 25.07.2024, to of Haryana and Others contend that where the parties have solemnized marriage, the FIR even contend that where the parties have solemnized marriage, the FIR even contend that where the parties have solemnized marriage, the FIR even contend that where the parties have solemnized marriage, the FIR even PC may be quashed. under Sections 363 and 366A IPC may be quashed. under Sections 363 and 366A I 6. 7. Heard learned counsel for the parties. Heard learned counsel for the parties. love, wherein the Admittedly, this is a case of adolescence love, wherein the Admittedly, this is a case of adolescen petitioner and the prosecutrix had eloped. The prosecutrix, in her statement petitioner and the prosecutrix had eloped. The prosecutrix, in her statement petitioner and the prosecutrix had eloped. The prosecutrix, in her statement petitioner and the prosecutrix had eloped. The prosecutrix, in her statement t the prosecution. As of recorded under Section 164 Cr.P.C., did not support the prosecution. As of recorded under Section 164 Cr.P.C., did not suppor recorded under Section 164 Cr.P.C., did not suppor now, the parties have solemnized marriage, have been blessed with a child, now, the parties have solemnized marriage, have been blessed with a child, now, the parties have solemnized marriage, have been blessed with a child, now, the parties have solemnized marriage, have been blessed with a child, and are leading a happy married life. and are leading a happy married life. 8. peculiar facts wherein the trial would be a In light of the above peculiar facts wherein the trial would be a peculiar facts wherein the trial would be a futile exercise, FIR No.107 dated 01.09.2021, r futile exercise, egistered under Sections FIR No.107 dated 01.09.2021, registered under Sections B IPC and Section 12 of the POCSO Act at Police Station 363, 366A, 120-B IPC and Section 12 of the POCSO Act at Police Station B IPC and Section 12 of the POCSO Act at Police Station 363, 366A, 120 MANJU 2025.09.29 15:25 I agree to specified portions of this document CRM-M-46674 46674-2023 3 3 Panjokhra, District Ambala, Haryana along with Panjokhra, District Amb ala, Haryana along with all subsequent proceedings proceedings arising therefrom are hereby quashed. arising therefrom 9. 10. Ordered accordingly. that this judgment shall not be cited as a It is made clear that this judgment shall not be cited as a that this judgment shall not be cited as a precedent for parity and has been passed in the peculiar facts and precedent for parity and has been passed in the peculiar facts and precedent for parity and has been passed in the peculiar facts and precedent for parity and has been passed in the peculiar facts and circumstances of the present case alone. circumstances of the present case alone. September 25, 2025 September 25, 2025 manju Whether speaking/reasoned: Whether speaking/reasoned:- Whether Reportable:- Whether Reportable: Yes/No Yes/No (ALOK JAIN) JUDGE MANJU 2025.09.29 15:25 I agree to specified portions of this document
Arguments
ALOK JAIN HON’BLE MR. JUSTICE ALOK JAIN **** Present: Mr. S.S. Dinarpur, Advocate for the petitioners. Mr. S.S. Dinarpur, Advocate for the petitioners. Ms. Swati Batra, Sr. DAG, Haryana. Ms. Swati Batra, Sr. DAG, Haryana. Ms. Ramandeep Kaur, Advocate for Ms. Ramandeep Kaur, Advocate for Ms. Himani Kapila, Advocate for the respondent. Ms. Himani Kapila, Advocate for the respondent. **** ALOK JAIN, J. (Oral) ALOK JAIN, J. (Oral) 1. The present petition has been filed for quashing of FIR No.107 The present petition has been filed for quashing of FIR No.107 The present petition has been filed for quashing of FIR No.107 B of the IPC dated 01.09.2021, registered under Sections 363, 366A, 120-B of the IPC dated 01.09.2021, registered under Sections 363, 366A, 120 dated 01.09.2021, registered under Sections 363, 366A, 120 okhra, District and Section 12 of the POCSO Act at Police Station Panjokhra, District and Section 12 of the POCSO Act at Police Station Panj and Section 12 of the POCSO Act at Police Station Panj with all the subsequent proceedings initiated Ambala, Haryana along with all the subsequent proceedings initiated with all the subsequent proceedings initiated Ambala, Haryana along thereunder including challan dated 19.07.2023 (Annexure P-2) thereunder including challan dated 19.07.2023 (Annexure thereunder including challan dated 19.07.2023 (Annexure 2. Learned counsel for the petitioner submits that the parties were Learned counsel for the petitioner submits that the parties were Learned counsel for the petitioner submits that the parties were in a consensual relationship and upon attaining the age of majority, they in a consensual relationship and upon attaining the age of majority, they in a consensual relationship and upon attaining the age of majority, they in a consensual relationship and upon attaining the age of majority, they have solemnized marriage and are now living happily together. They solemnized the marriage and are now living happily together. They marriage and are now living happily together. They MANJU 2025.09.29 15:25 I agree to specified portions of this document qua have also been blessed with a child. The proceedings in the said FIR qua have also been blessed with a child. The proceedings in the said FIR have also been blessed with a child. The proceedings in the said FIR CRM-M-46674 46674-2023 2 2 the petitioner were stayed vide order dated 12.10.2023, and the other the petitioner were stayed vide order dated 12.10.2023, and the other the petitioner were stayed vide order dated 12.10.2023, and the other the petitioner were stayed vide order dated 12.10.2023, and the other accused have already been acquitted. accused have already been acquitted. 3. Learned counsel appearing for respondent No.2 submits that Learned counsel appearing for respondent No.2 submits that Learned counsel appearing for respondent No.2 submits that he has no objection to the quashing of the FIR, as the parties are leading a she has no objection to the quashing of the FIR, as the parties are leading a he has no objection to the quashing of the FIR, as the parties are leading a he has no objection to the quashing of the FIR, as the parties are leading a happy married life. happy married life. 4. Learned State counsel, however, submits that the prosecutrix Learned State counsel, however, submits that the prosecutrix Learned State counsel, however, submits that the prosecutrix cident, and her testimony would be of no was a minor at the time of the incident, and her testimony would be of no cident, and her testimony would be of no was a minor at the time of the in consequence even if she turned hostile. It is further submitted that there are consequence even if she turned hostile. It is further submitted that there are consequence even if she turned hostile. It is further submitted that there are consequence even if she turned hostile. It is further submitted that there are specific allegations against the petitioner, and therefore, the FIR ought not specific allegations against the petitioner, and therefore, the FIR ought not specific allegations against the petitioner, and therefore, the FIR ought not specific allegations against the petitioner, and therefore, the FIR ought not to be quashed. to be quashed. 5. relied upon the Learned counsel for the petitioner has relied upon the Learned counsel for the petitioner has