RAM KARAN Vs. BACHNA RAM AND OTHERS

JUDGEMENT

(1.) Present petition has been filed under Section 482 of the Code of Criminal Procedure, 1908 (hereinafter mentioned as the Code) for quashing the order dated 8.7.2014 (Annexure P-1) passed by the learned Sub Divisional Judicial Magistrate, Bilaspur, District Yamuna Nagar and the order dated 19.2.2015 (Annexure P-2) passed by the learned Additional Sessions Judge, Yamuna Nagar at Jagadhari whereby criminal complaint filed by the petitioner for the offences punishable under Sections 316, 506, 120-B of the Indian Penal Code (hereinafter mentioned as the IPC), has been dismissed.

(2.) The brief facts of the case are that petitioner Ram Karan was married with Savita, respondent No.3. After the marriage, they lived as husband and wife at Jammu. Respondent No.3 became pregnant from the petitioner and was medically examined on different dates for the growth of foetus and expected time of delivery but respondent No.3 Savita in conspiracy and with the help of respondent No.1, 2 and 4 aborted the pregnancy. The petitioner got registered a police case bearing FIR No.11 dated 22.1.2011 at Police Station Bilaspur, District Yamuna Nagar against the respondents narrating the entire facts in detail. The investigation was carried out in that case and finally a cancellation report was filed in the court on 2.5.2012. The present petitioner filed the protest petition which was treated as complaint. The petitioner led the preliminary evidence in support thereof.

(3.) On appreciating the preliminary evidence and other material available on record, the learned Sub Divisional Judicial Magistrate dismissed the complaint of the petitioner vide impugned order dated 8.7.2014. Aggrieved with the aforesaid order, he preferred a criminal revision. The same was also dismissed by the learned Additional Sessions Judge, Yamuna Nagar at Jagadhari vide the impugned order dated 19.2.2015.