GUDDU Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) PRAYER made in the present petition filed under Section 482 Cr.P.C. is for quashing of FIR No. 186, dated 04.07.2014 under Sections 363, 366A, 376, 506 IPC, 4/8 POSCO Act and Section 3 of SC & ST Act, registered at Police Station Shivaji Colony, Rohtak and the subsequent proceedings arising out of the above said FIR, pending in the Court of Addl. Sessions Judge, Rohtak.

(2.) THE FIR -in -question was registered on the basis of statement made by respondent No. 2, namely, Vidya wife of Rakesh resident of Bhawanipur, Distt. Gorakhpur Police Station Gola Bazaar, Uttar Pradesh, presently residing on rent near Balti Shri Ram Nagar Colony, Rohtak, Haryana. The contents of FIR reads as under: -

(3.) LEARNED counsel for the petitioner contends that petitioner, namely, Guddu son of Bansi Lal, got married with respondent No. 3, namely, Gudia daughter of Rakesh on 03.02.2014. He further submits that since the marriage was against the wishes of respondent No. 2 i.e. Vidya (mother of Gudia) and her husband -Rakesh, the aforesaid FIR was lodged. There is no dispute between petitioner and respondent No. 3 and matrimonial bond between petitioner and respondent No. 3 resulted into pregnancy of respondent No. 3. Respondent No. 2 Viday (mother of Gudia) as well as relatives of the petitioner and respondent No. 3, respondent No. 2 has come forward to get the FIR registered against the petitioner. Respondent No. 2 and her husband knew the factum of pregnancy of respondent No. 3 from the petitioner. Even, at the time of the registration of the FIR, respondent No. 3 had also carrying pregnancy of about 17 to 18 weeks, as is clear from the report of Antenatal Ultrasound Sonography conducted by Radiologist of General Hospital, Rohtak on 07.07.2014. Moreover, out of this pregnancy, a child was born on 03.12.2014, who unfortunately expired.