AJAY GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code') for quashment of the F.I.R. registered in Crime No.70/2009 by Police Station Padatarai, Tahsil Pandariya, District Kabirdham and criminal proceedings pending before the Sessions Judge, Kabirdham in Sessions Trial No. 38/09.

(2.) Quashment is prayed on the ground that in absence of prima facie allegation, registration of offence and initiation of criminal proceedings would amount to abuse of the process of the Court.

(3.) Brief facts necessary for disposal according to the pleadings of the petitioners are that petitioner No.1 Ajay Gupta got married with respondent No.5 Rama Gupta (prosecutrix of the present case) in Arya Samaj Mandir, Raipur on 2.2.2009. Certificate of the marriage has been issued by Arya Samaj Mandir. Respondent No.5 is legally wedded wife of petitioner No.l. After his marriage, petitioner No.1 has travelled with respondent No.5 to different places. When they came back, then petitioner No.l came to know that F.I.R. has been lodged against the petitioners for the offence punishable under Sections 341, 342, 365, 366 and 376/ 34 of the Indian Penal Code. The petitioners have not abducted or illegally confined or kidnapped the prosecutrix. Petitioner No.l has not committed rape with the prosecutrix. Registration of FIR and continuance of criminal proceedings on the basis of alleged fact would amount to abuse of the process of the Court. Prosecutrix Rama Tiwari has lodged the aforesaid FIR against the petitioners on 10.4.2009 in which she has alleged that the petitioners have committed the aforesaid offences. They have taken signature over some documents at Raipur and petitioner No. 1 has committed rape with her. Offence has been investigated by the police concerned and after completion of investigation, charge-sheet has been filed.