HARPREET SINGH Vs. RAJESH KUMARI

JUDGEMENT

(1.) The matter is taken up for hearing through video conference due to COVID-19 situation.

(2.) This is a petition under Section 438 Cr.P.C. in complaint case No. 976 dated 9.5.2016 under Sections 376, 420 IPC pending before Judicial Magistrate Ist Class, Mansa.

(3.) The facts are that the complainant filed an application dated 11.4.2016 against the petitioner. The allegation were that the petitioner was maintaining physical relationship with her on the pretext of marriage and subsequently, the complainant came to know that the petitioner is already married. The matter was inquired into. Harpreet Singh (petitioner) joined the inquiry and his statement was recorded. In the inquiry, it was found that the petitioner was married about 9 years back i.e. in 2007. The complainant and her father were having visiting terms and hence they knew the petitioner.The complainant had filed an application under Section 125 Cr.P.C. for maintenance against the petitioner in the Court of Sub Divisional Judicial Magistrate Guruharsahai. The complainant never joined the inquiry to present her version. It was recommended that the application be filed.