VIPIN SAINI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C seeking quashing of FIR No. 786 dated 22.10.2008 under Section 363, 366 IPC registered at Police Post Killa Chowky, P S City, Panipat, District Panipat and its consequential proceedings with further prayer to direct the investigating agency to register a case under Section 193 IPC against respondent No. 4 for deposing falsely against the petitioner in the statement under Section 164 Cr.P.C accusing the present petitioner for commission of offence of rape after leaving the company of the petitioner.

(2.) Respondents No. 4 and 5 were duly served. On 17.08.2010, the matter was adjourned on the request made by learned counsel for respondents No. 4 and 5 to 25.10.2010. However, again on 25.10.2010, learned counsel for respondents No. 4 and 5 prayed for some more time file reply. Accordingly, the matter was adjourned to 20.12.2010. It was also made clear that no further opportunity shall be granted and the matter shall be finally argued on the date fixed. Today, neither learned counsel for respondents No. 4 and 5 is present nor reply has been filed till date. It is, therefore, evident that respondents No. 4 and 5 are no more interested in pursuing the matter.

(3.) Facts, in short, are that the aforesaid FIR was registered against the present petitioner at the behest of respondent No. 5 Ramesh i.e. father of respondent No. 4 - Reena. As per the allegations in the FIR, respondent No. 4 is stated to be a minor i.e. aged 15 years. The petitioner herein was accused that he induced and abducted respondent No. 4 by befooling her.