NARESH KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') has been filed for quashing of charge sheet dated 03.02.2020 as well as cognizance order dated 11.02.2020 passed by Sessions Judge/Special Judge (SC/ST Act), Udham Singh Nagar as well as to quash the entire proceedings of Special Sessions Trial No. 106 of 2020 'State Vs. Naresh Kumar' pending before the Court of Sessions Judge/Special Judge (SC/ST Act) Udham Singh Nagar under Section 376, 506 I.P.C. and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Learned counsel for the parties would submit that learned counsel for the petitioner and victim were in relationship but when the petitioner did not marry with the victim the F.I.R. has been lodged which resulted filing of the present petition. Now, the petitioner and respondent are marrying and they are staying together happily for last eleven month. Therefore, the proceedings may be quashed. According to F.I.R., the victim and petitioner both were in love, the victim visited various placed with the petitioner. According to F.I.R. under the pretext of marriage, the victim physically and mentally exploited by the petitioner.

(3.) Instant is a case which according to F.I.R. after marriage by the petitioner. Petitioner and victim are present in person before this Court and petitioner who is identified by Mr. P.C. Petshali, Advocate and respondent no.2-victim, who is identified by Mr. Naveen Singh Bisht they have filed compounding application alogwith their affidavits. Both the petitioner and respondent no.2 would submit that they are married and living happily. Instant is a case, the F.I.R. lodged on the ground that the victim was exploited by the petitioner on the pretext of marriage but now the victim has admitted that both the petitioner and victim were staying together and visiting various places.