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Judgment
D.S. Tawatia, J. (Oral)
Petitioner Jagdishwarpal Singh facing prosecution under Sections 363 and 366 IPC has along with Balwinder Kaur sought the quashing of the said proceedings alleging that Smt. Balwinder Kaur Petitioner No. 2 whom he is alleged to have been abducted by him was on the date of alleged offence, 21 years of age, and that they had married each other and were living as husband and wife.
The petitioners have placed on the record photostat copy of Matriculation Examination Certificate of Balwinder Kaur issued by the Punjab School Education Board and have also filed photographs showing Balwinder Kaur garlanding the petitionerJagdishwarpal Singh in Gurdwara. The certificate has not been controverted on behalf of the prosecution.
In view of the above, in my opinion, if the criminal proceedings are permitted to continue, it would be an abuse of the process of the Court and uncalled for harassment of the petitioner Jagdishwarpal Singh and the concerned girl who has also joined him on as one of the petitioner and has sought the quashing of the proceedings.
For the reasons aforementioned, the petition is allowed and the proceedings are quashed.