MERAJ Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

(2.) The present application has been filed with the prayer to quash the operation and implementation of the summoning order dtd. 21/9/2020 passed by Civil Judge (Senior Division)/ F.T.C., Sitapur in Case No.1710 of 2020 (State vs. Meraj and others) as well as charge sheet dtd. 8/8/2020 bearing No.01 of 2020, under Sec. 376 I.P.C., P.S. Biswan, District Sitapur along with the further prayer to stay the operation and implementation of aforesaid summoning order and charge sheet during pendency of the application.

(3.) Learned counsel for the applicant has submitted that it is the admitted case of the informant that she was married with Anwar (brother-in-law of the applicant) and she was enjoying her matrimonial life for a period of 18 years, and later on, talak was given by Anwar. Thereafter, an assurance was given by Anwar to the prosecutrix that in case, she will solemnize Nikaah with the applicant, then Nikaha is permissible with him. As per the assurance given by Anwar, the prosecutrix entered into Nikaah with the present applicant in the year of 2019 and after ten days, talak was given by the applicant, but the Anwar is not fulfilling his promise and entering into Nikaah with the prosecutrix. It is also alleged in the F.I.R. that Anwar is demanding Rs.5.00 Lacs and one Bullet motorcycle from the prosecutrix and she was also beaten by him.