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| Petitioner seeks quashment of kidnapping case registered against him | | HC dismissed the petition after the statement of girl | | Jammu, October, 12-:- Justice YP Nargotra of J&K High Court Jammu wing today dismissed a habeas corpus petition and 561-A CrPC filed by petitioner Surinder Singh for quashing the FIR registered against him by the Police Station Samba u/s 366 RPC (Kidnapping).
Justice YP Nargotra while dismissing both the petitions persuade the record and also the statement of the girl and also hearing AAG BS Salathia appearing for the state and Advocate Jatinder Choudhary appearing for the petitioner Surinder Singh observed that the petition u/s 561-A CrPC filed by the petitioner seeking quashment of FIR No 60/2006 registered with the P/S Samba for commission of offence u/s 366 RPC (kidnapping). The case of the petitioner is that he had married with the proforma respondent and despite her marriage; she is being kept in the custody of her parents, FIR against him has been lodged by the father of the girl.
Along with this petition, the petitioner also filed a habeas corpus petition alleging there in that despite his marriage with proforma respondent, she was being illegally confined by her parents. In that petition, the High Court directed to produce the girl in the Court and she was produced and her statement was recorded. In her statement she has deposed that she had not married with the petitioner and is not in illegal custody of her parents. Upon the statement of the girl, Justice YP Nargotra further observed that in view of the statement of the girl, the habeas corpus petition stands dismissed. In face of the dismissal of the habeas corpus petition, the petitioner cannot be permitted to urge that FIR should be quashed. No ground for quashing the FIR is made; therefore, this petition is also dismissed.
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