Harpreet Kaur and Another vs State of Punjab and Others

Gurdev Singh, J.—Heard.

This application has been filed by Kabul Singh - father of Harpreet Kaur, who was arrayed as Respondent No. 4 in Crl. Misc. No. 11850 - M of 2010 filed by her daughter and Hardev Singh - Petitioners, u/s 482 of the Code of Criminal Procedure for issuing directions to Respondents No. 1 to 3 to protect their live and liberty with further direction to the other Respondents not to interfere in their peaceful and lawful life. He has contended therein that false averments were made in the said petition that Petitioner No. 2 was 23 years old whereas he was only 17 years and his date of birth is recorded as 30.6.1992 in the school record (Annexure R-4/1). The Petitioners were not entitled to the protection of law in view of the fact that Petitioner No. 2 was minor at the time of the alleged marriage. He prayed that the order dated 26.4.2010 passed by this Court be recalled and criminal case be registered against that Respondent, his parents and relatives.

Reply to the application was filed only by Harpreet Kaur - Petitioner No. 1, in which she denied the contentions of the applicant. No reply has been filed by Petitioner No. 2, against whom those allegations have been levelled.

In the main petition regarding the age of Petitioner No. 1 photo stat copy of matriculation examination was filed along with her affidavit. In respect of age of Petitioner No. 2 only photo stat copy of the ration card was filed. As clever move even the affidavit of that Petitioner was not filed regarding his age. As per the certificate issued by the school where Petitioner No. 2 was admitted, his date of birth is 30.6.1992. No such document has been placed on the record by the Petitioners to controvert that school record or to show that Petitioner No. 2 was more than 21 years old at the time of his marriage with Petitioner No. 1. There is prima facie evidence to the effect that he was less than 18 years old on the date of marriage and as such his marriage was void. He made false averments before this Court regarding his age, thereby committing offences under Indian Penal Code. In addition to that he also committed offences u/s 9 of the Prohibition of the Child Marriage Act, 2006.

The Registrar (General) of this Court to get FIR lodge against Hardev Singh - Petitioner No. 2 for the said offences. Order passed by this Court on 26.4.2010 shall not stand in the way of the investigating agency to arrest that Petitioner during the investigation.

The application is disposed of accordingly.