LAWS(UTN)-2003-4-7

SHAHNA AND OTHERS Vs. STATE OF UTTARANCHAL

Decided On April 08, 2003
Shahna Appellant
V/S
STATE OF UTTARANCHAL Respondents

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure (hereinafter for short `Code') has been filed for quashing of the FI.R. dated 10.4.2002 in case crime no. 61 of 2002, under Sections 363/366/120-B of I.P.C., PS. Ranipur, District Hardwar.

(2.) HEARD Sri Arvind Vashist, learned counsel for applicants and Sri M. C. Kandpal, learned counsel for respondent no. 2 and learned A.G.A.

(3.) IT also need to be pointed out that Smt. Kishwar Jahan, real sister of Ms Shahna, petitioner no. 1 was married to Ayyub-petitioner no. 3 in the year 1997 and according to he petitioners, husband petitioner no. 3 had divorced his said wife on 1.1.2002. Learned counsel for the petitioners submitted that petitioner no. 1 was maintaining her courtship with petitioner no. 3 for the last about two years and she had left her house out of her own free will and consent and had married with petitioner no. 3 on 10.3.2002, i.e. prior to the lodging of the FIR in question and that F.I.R. was lodged with false allegations against the petitioner.