LAWS(UTN)-2012-1-60

AMARJEET BHARATI Vs. SHAKUNTALA DEVI AND OTHERS

Decided On January 09, 2012
Amarjeet Bharati Appellant
V/S
Shakuntala Devi And Others Respondents

JUDGEMENT

(1.) Rejoinder affidavit filed today in the Court by learned counsel for the petitioner, is kept with the records.

(2.) By means of this petition, moved u/s 482 Cr.P.C., the prayer has been advanced to quash the chargesheet dated 18.3.2006 along with FIR dated 1.12.2005 in case crime no.1 of 2005, pertaining to P.S. Kotwali Pithoragarh. The said FIR was lodged for the offence of Section 420 IPC and after the investigation, the same was resulted into the submission of chargesheet, as above.

(3.) The requisite facts, sans unnecessary details, are that opposite party no.1-Shankunta Devi espoused with the petitioner Amarjeet Bharti on 5.6.1994 as per Hindu rituals in District Pithoragarh. Sri Bharti was a government teacher in a college, posted in that very district. Smt. Shakuntala and her father, when made the preliminary enquiries to enquire about the veracity of status of Sri Bharti, then the service record divulged that he was unmarried. He had only displayed the names of his father as well as two brothers as his family members and none other. This record entailed the unmarried 2 status of Sri Bharti which inspired Smt. Shakuntala and her family members to accept this proposed marriage with petitioner. Out of the wedlock, a female baby, named Nisha, was also born on 18.3.1995.