Kala Singh @ Daljit Singh and anr. vs State of Punjab

S.S. Grewal, J.

Proceedings in this case were stayed as far back as 20th of February, 1991. Reply on behalf of the State was filed on 10th of January, 1992 and the case was adjourned for 13th of March, 1992 for arguments. Today when this case came up for hearing the learned counsel for the petitioner is not present. Since this old case is lingering on, there is no other option but to dispose of this case in absence of the counsel for the petitioners.

This petition relates to quashment of FIR No. 56 registered at Police Station, Samana, district Patiala on 2731990 under Section 363/365/366/452 of the Indian Penal Code and consequent proceeding taken thereunder.

In brief facts relevant for the disposal of this petition as emerge from the first information report lodged by Major Singh PW are that his sister Rajwant Kaur aged about 17 years, was married to kala Singh resident of Shahabad on the recommendations of his sister''s husband Swaran Singh. Both of them separated after sometime and on the intervention of the respectables their marital relations were ceased. About a month back Rajwant Kaur was engaged to one Angrez Singh. On the night intervening 22/2331990 the first informant and his sister Rajwant Kaur were lying sleep in the courtyard of their house. Lights on all sides of their house on. At about 1 a.m. a green coloured Maruti Van stopped at the outer gate (without shutters) of their house. At that time Kala Singh, Nishan Singh accused came out of the Van, trespassed in the courtyard of the house of the first informant, woke up Rajwant Kaur and tried to take her with them. She raised alarm. The first informant also tried to save his sister from the clutches of the said accused. On hearing roula Kalu Ram Harijan whose house is situated in front of the house of complainant party, came out in the nearby lane. Darshan Singh accused was also present nearby, at that stage. After opening the door of the said Van Kala Singh and Nishan Singh forcibly took Rajwant Kaur in their van. Inspite of search made by complainant party whereabouts of Rajwant Kaur could not be ascertained. According to the first informant his sister Rajwant Kaur was forcibly taken away by Kala Singh and Nishan Singh after they came to know about the subsequent engagement of Rajwant Kaur.

I have carefully perused the record with the help of Mr. IPS Sidhu, Assistant Advocate General, Punjab.

The plea taken by the petitioners that from the material on the record no offence punishable under Section 366/365/363/452 of the Indian Penal Code or under Sections 376 and 342 IPC is made out, is hardly tenable. Marriage of Rajwant Kaur with Kala Singh was solemnised as far back as 14111989. It was not a successful marriage and the parties separated after a short period. The complainant party wanted to marry Rajwant Kaur at another place. This according to the prosecution constituted a strong motive for the petitioner to commit criminal house trespass in the house of the complainant and in forcibly taking away Rajwant Kaur. For attaining this purpose both the accused came together to the house of the first informant on the night intervening 22/2331990 in a van and forcibly took Rajwant Kaur with them.

From the allegations set out in the complaint a prima facie case against the accused in respect of the offences mentioned in the impugned first information report has been made out. Thus the continuation of the proceedings against the petitioner on the basis of the impugned first information report would not amount to abuse of the process of the Court. I find support in my view from the authority of the apex Court in State of Bihar v. Murad Ali Khan and ors., AIR 1989 SC 1.

For the foregoing reasons, there is no merit in this petition and the same is hereby dismissed. It is, however, clarified that nothing herein observed for the disposal of this petition shall in any manner be construed to affect the rights of the parties on merit. Copy of the order be sent to the trial Court, which is directed to dispose of this case expeditiously according to law.