NASHO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been preferred under Section 482 Cr.P.C. by Ms. Nasho petitioner seeking direction to respondent Nos.1 to 3 to register a case against respondent Nos.4 to 13 for her kidnapping, subjecting her to atrocity and rape after she was forcibly taken away by aforesaid respondents from Dera/house established by her father at Gurdaspur.

(2.) BRIEFLY stated, facts contained in petition are that petitioner was married with one Liquat Ali, but, due to matrimonial dispute, she left her matrimonial home and started living with her father. Respondent No.4, who is closely related to respondent Nos.5 to 13, started visiting her place with an evil eye on her. He allured petitioner and put -forth a proposal of his marriage with her stating that he is still unmarried. Since, her father did not accept the proposal, respondent No.4, with assistance of respondent Nos.5 to 13, forcibly kidnapped her at night in month of June 2014. Though, her father lodged a complaint against respondent Nos.4 to 13 at Police Station, Tibber, with a request to register a case against above said respondents but neither FIR was registered nor any other action against any of respondents was taken. Infact, respondent No.4 has taken an advantage of performance of her marriage with him, which was otherwise under threat and coercion. When she raised her voice to send her back after the alleged marriage, respondent No.4 called his relatives and friends namely Liquat Ali son of Isrile, Gani son of Murid, Jakood son of Masoom, Maskeen son of Alamdeen and Sher Ali son of Murid (respondent Nos.10 to 13), and she was sexually abused and raped by them including respondent No.4. She was kept there in custody for about 10 days. Somehow or other, finding an opportunity, she slipped away from there, contacted her father and reached her parental house, and disclosed entire incident. She also moved a complaint to respondent No.2 Senior Superintendent of Police, Gurdaspur on July 22, 2014 but neither it fetched any reply nor any action was taken against any of the culprits which necessitated filing of petition.

(3.) UPON notice, petition has been resisted by respondent Nos.1 to 3 and detailed reply in the shape of affidavit of Mr. G.S. Toor, IPS, Senior Superintendent of Police, Gurdaspur, was filed which was taken on record.