AJEET SINGH Vs. STATE

JUDGEMENT

(1.) The present criminal miscellaneous petition has been filed under Section 482 Cr.P.C. seeking quashing of the charge-sheet and consequent proceedings arising out of FIR No.865/2015 registered under Section 376 IPC at P.S. Hari Nagar. The petitioner has also filed the aforementioned Crl. Rev. Petition under Section 397/401 Cr.P.C. against the impugned order dated 08.09.2016 whereby the charge under Section 376 IPC was framed against the petitioner.

(2.) In the present case, the complainant was impleaded as respondent No.2 in both the petitions. The notice of the present petitions was served on her and her counsel duly appeared and even filed the Vakalatnama on her behalf. The counsel appeared on subsequent dates as well however, thereafter neither the complainant nor her counsel appeared. The matter was taken up on 07.11.2019 on which date, the counsel for the complainant was telephonically informed about the pendency of the present case however, neither the complainant nor her counsel appeared on that date. Learned APP, on instructions from the I.O., submitted that the complainant was informed by the Investigating Officer about the order dated 07.11.2019 passed by this Court. The arguments were heard on behalf of the petitioner as well as learned APP for the State. The trial court record, which had been requisitioned, was also perused.

(3.) Learned counsel for the petitioner contended that the present FIR is a gross abuse and misuse of the process of law inasmuch as the complaint has been filed with malafide intentions. It was submitted that ingredients of the offence punishable under Section 376 IPC are not made out as the complainant at the time of the registration of the FIR was already married to one Arvind Sharma which marriage according to the learned counsel for the petitioner is still subsisting.