LAWS(P&H)-2013-2-513

AKSHAY KUMAR SHARMA Vs. POOJA

Decided On February 21, 2013
AKSHAY KUMAR SHARMA Appellant
V/S
POOJA Respondents

JUDGEMENT

(1.) Petitioner has preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No.62/2010 dated 11.11.2010 (Annexure P-18) as well as summoning order dated 7.1.2011 (Annexure P-22) and all the subsequent proceedings arising therefrom.

(2.) Learned counsel for the petitioner has submitted that the FIR in question was liable to be quashed as Pooja Rani had performed marriage with the petitioner of her own free will. Petitioner and Pooja Rani had appeared before the Sessions Judge, Karnal and had voluntarily made their statements before the said Court with regard to marriage performed by them. Later on, at the instigation of her parents, petitioner had been falsely involved in the present case by levelling false allegations.

(3.) After hearing learned counsel for the petitioner, I am of the opinion that the present petition deserves to be allowed. The case of the complainant, as per the complaint in brief, is that on 23.10.2010, petitioner gave some intoxicating substance to her and took her to a place in Karnal. Petitioner took 2- 3 photographs of the complainant and started blackmailing her and due to this reason, the complainant had put her signature on a register which had been filled in by Swaran Singh. On 2.11.2010, petitioner came to the house of the complainant and started creating a scene. Petitioner had created document purporting to be a marriage certificate of the parties. Complainant had already applied to the Court of District Judge, karnal for recalling the orders issued by the said Court.