VIKAS TOMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 49 dated 1.3.2020 registered under Section 346 IPC and later on added Sections 363, 366 IPC, Police Station Sanauli, District Panipat (Annexure P-1) and all the consequential proceedings arising therefrom. As per office report, respondent No. 2 has been served but no one has put in appearance on his behalf.

(2.) Learned counsel for the petitioner submits that the petitioner had solemnized marriage with respondent No. 3-Gulista on 20.3.2020 and the marriage certificate has been annexed as Annexure P-2. He further submits that as per the affidavit of respondent No. 3-Gulista (Annexure P-4) dated 20.6.2020, she herself fled away with the petitioner and thereafter performed marriage willingly. Learned counsel has placed reliance on the judgment passed by a Co-ordinate Bench of this Court in CRM-M-20909- 2014, titled Madan Lal and others versus State of Punjab and another decided on 14.9.2015 and Jitender Kumar Sharma versus State and another, 2010 4 RCR(Cri) 20.

(3.) Learned State counsel submits that respondent No. 3-Gulista has got recorded her statement under Section 164 Cr.P.C., before Sub Divisional Judicial Maigstrate, Panipat on 4.8.2020, in which she stated that she has performed marriage with Vikas (petitioner) and has been residing with him.