DEEPAK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) For the reasons mentioned in the application, the same is allowed and copy of order dtd. 4/9/2017 passed by learned Judicial Magistrate Ist Class, Faridabad and copy of report dtd. 13/10/2017 are taken on record as Annexures P-4 and P-5.

(2.) Petitioner-Deepak Kumar has filed present petition under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') for quashing of order dtd. 16/10/2017 passed by learned Judicial Magistrate Ist Class, Faridabad in case FIR No.371 dtd. 30/6/2015 registered under Sec. 498-A read with Sec. 34 of the Indian Penal Code, 1860 (for short 'the IPC') in Police Station Saran, District Faridabad, whereby the petitioner was declared proclaimed person under Sec. 82 of the Cr.P.C., and all consequential proceedings arising out of the same.

(3.) Briefly stated the facts relevant for disposal of present petition are that Bhanvi Nagpal made complaint to the Commissioner of Police, Faridabad against her husband Deepak Kumar (the petitioner), Neena, mother-in-law and Jatin, brother-in-law. In her complaint Bhanvi Nagpal submitted that marriage of the complainant was solemnized with the petitioner on 21/2/2015. The petitioner harassed the complainant and forced her to unnatural sex. Earlier, she submitted application to the Dy. S.P. which was forwarded to the S.H.O. but instead of investigating the matter the S.H.O. was forcing her to withdraw her application. On 1/6/2015 her husband, mother-in-law and brother-in-law asked her to withdraw her application and saying that due to love marriage her parents did not spend too much asked her to bring an Alto car from her father otherwise she would not be allowed to live in the matrimonial home. In view of the complaint the above- said FIR was registered. On failure of the petitioner to appear before the Court despite publication of proclamation, the petitioner was declared proclaimed person vide order dtd. 16/10/2017.