LAWS(P&H)-2012-9-725

HARMEET KAUR Vs. STATE OF PUNJAB AND ANOTHER

Decided On September 21, 2012
Harmeet Kaur Appellant
V/S
State of Punjab and Another Respondents

JUDGEMENT

(1.) An FIR No.199 dated 17.12.2008 was registered under Sections 376/420 IPC at Police Station, Sarabha Nagar District Ludhiana alleging that respondent No.2-accused Kashmir Singh had promised the petitioner to marry her and had requested her to live with him in the same house to which she agreed and thus, obtained her consent and committed sexual intercourse with her number of times. However, later on he refused to marry her and thus, committed sexual intercourse with her consent which was obtained by fraud.

(2.) With the intervention of the respectables, respondent-Kashmir Singh agreed to marry her and thus, the petitioner filed an affidavit in Crl.Misc.No.11896 of 2009 decided on 30.5.2009 before this Court and thereafter, this Court released the respondent-Kashmir Singh on bail. Keeping in view the fact that the dispute was settled between the parties and the respondent had promised to marry her, the petitioner filed Criminal Misc.No.M-16467 of 2009 seeking indulgence of this court to quash the proceedings in FIR No.199 dated 17.12.2008 against respondent-Kashmir Singh to enable her to start a fresh life with him.

(3.) Keeping in view the submissions made, this Court allowed the said petition vide order dated 10.7.2009 by passing the following order: