ANJALI AGGARWAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Section 482 Code of Criminal Procedure for quashing of FIR No. 347 dated 04.06.2010 under Sections 366 and 376 IPC and Section 25 of the Arms Act registered at Police Station Central Faridabad, District Faridabad, Haryana along with all subsequent proceedings arising therefrom.

(2.) The FIR was got registered at the behest of Petitioner No. 1 herself against Petitioner No. 2. The facts, in brief, are admitted by the complainant herself that she was having an affair with Petitioner No. 2. As per the averments made by the Petitioner herself in the petition, the parents of Petitioner No. 2 got his marriage solemnized with one Rita on 15.02.2009 as his parents did not approve of her alliance with Petitioner No. 2. However, in spite of the said facts, the Petitioners continued their relationship and the complainant solemnized their marriage on 29.05.2010. The marriage of the Petitioners was solemnized during the subsistence of the first marriage of Petitioner No. 2. After the marriage of Petitioners, parents of Petitioner No. 1 by giving false assurance that they would settle everything and under threat that they would kill Rajesh and his family members, forced the Petitioner No. 1 to give a false complaint to the police of Sector 16, Faridabad upon which FIR No. 347 dated 04.06.2010 under Sections 366, 376 IPC and Section 25 of Arms Act was got registered. To save the life of Petitioner No. 2, Petitioner No. 1 got the above mentioned FIR registered and thereafter, also got her statement recorded before the Illaqa Magistrate, Faridabad under the pressure and influence of her parents. Thereafter, the Petitioner No. 2 was arrested and Petitioner No. 1 could not bear the pain of the person whom she loved having been falsely implicated by her and she tried to persuade her parents and relatives to take the case back but her parents and the relatives threatened that they would kill both of them if she revealed the true facts.

(3.) Finally, the Petitioner No. 1 managed to flee from her house and filed a complaint against her father in the Court of Additional Chief Judicial Magistrate, Faridabad. In the said complaint, all the facts of the case have been detailed and it has been stated by Petitioner No. 1 that FIR No. 347 dated 04.06.2010 under Sections 366, 376 IPC and Section 25 of Arms Act at Police Station Central Faridabad has been got registered under the pressure of her uncle and father and further that she had married Petitioner No. 2 out of her own will and consent.