CHANDRAKANT PURANDARE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner has preferred this criminal revision under Sec. 397/401 of Cr.P.C. being aggrieved by impugned order dtd. 21/11/2023 passed by 8th Additional Sessions Judge, Gwalior in S.T.No.628/2023, whereby an application under Sec. 227 of Cr.P.C. filed by the petitioner has been dismissed.

(2.) Brief facts of the case are that respondent No.2/prosecutrix has lodged an FIR at Police Station Madhavganj, District Gwalior by stating that she is a widow lady and Government servant and the petitioner was also serving in the same Department and petitioner's wife has died. Petitioner on the pretext of marriage, took her in his flat and committed rape repeatedly upon her. When she told him for marriage, then on 17/11/2022, petitioner has solemnized marriage with her at Arya Samaj Mandir but it was not a valid marriage. When she told him for solemnizing valid marriage and took her with him, then he refused. Accordingly, offence has been registered and after completion of investigation charge sheet has been filed before the Trial Court. Before the Trial Court, petitioner has filed an application under Sec. 227 of Cr.P.C. by stating that he got married with respondent No.2. They are husband and wife, therefore, no offence is made out against the petitioner and he deserves to be discharged from all the offences. After hearing both the parties, learned Trial Court has dismissed the application vide order dtd. 21/11/2023. Being aggrieved by the aforesaid, petitioner has preferred this criminal revision.

(3.) Learned counsel for the petitioner contended that petitioner is husband of the prosecutrix. They solemnized their marriage on 17/11/2022 in Arya Samaj Mandir and process for Saptpadi has also been done as per Hindu Marriage Act but the trial Court has ignored all these facts and rejected his application. Impugned order is against the law and fact, hence he prays that the impugned order be set aside and he should be discharged from all the offences.