SACHIN KUMAR CHAUHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The instant petition is filed for quashing of chargesheet No. 3713 of 2020 and the FIR No.505 of 2020, under Section 376 of IPC, at Police Station Jwalapur, District Haridwar as well as cognizance/summoning order dated 24.12.2020, passed in Criminal Case No.11537 of 2020, 'State Vs. Sachin Kumar Chauhan' by the learned Chief Judicial Magistrate, Haridwar.

(2.) The case is based on an FIR lodged by respondent no.2 on 29.09.2020 under Section 376 IPC, against the petitioner. According to it, engagement of informant and petitioner was held on 29.01.2020, in which gifts were exchanged. After engagement, the petitioner forcibly established physical relation with the respondent no.2 since they are to marry soon, they can stay together, but subsequently according to the FIR, the petitioner denied for marriage. According to the petitioner, the case is false. The marriage was deferred because of the behaviour of the informant as she was talking absurdity which has also been recorded.

(3.) Heard learned counsel for the petitioner and learned State Counsel. Learned counsel for the respondent no.2 joined the proceedings through video conferencing.