DEEPAK THAPA Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) Petitioner has approached this Court seeking the following reliefs:-

(2.) Allegation against the petitioner in the F.I.R. lodged by the respondent no. 3 (complainant) is that she came in contact with the petitioner through facebook. He used to come to the house of complainant. Many time they stayed outside and she became pregnant. Petitioner married with her on 8th March and, thereafter, pressurized her to terminate the pregnancy. On her refusal, the petitioner threatened her. After some time, sisters and parents of the petitioner asked her to get the pregnancy aborted on the assurance that they will get the marriage ceremony done, on their assurance, she agreed for the same. After that the petitioner disconnected his number and family members misbehaved with the complainant.

(3.) Learned counsel for the petitioner submitted that it is clearly mentioned in the F.I.R. by the respondent no. 3 that she was married with the petitioner; therefore, offence punishable under Section 376 of I.P.C. is not made out against the petitioner. But, it is not the case of the petitioner that he has married the complainant. He further submitted that there is no averment made in the F.I.R. that petitioner developed sexual relation with the respondent no. 3 without her consent. He also submitted that just to pressurize the petitioner; the F.I.R. impugned has been lodged by the respondent no. 3.