KRISHAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of the Code of Criminal Procedure seeking quashing of FIR No. 06 dtd. 2/2/2016 registered under Ss. 377 and 506 of Indian Penal Code at Women Police Station, Fatehabad (Haryana) and the Final Report under Sec. 173 of the Code of Criminal Procedure submitted by the police in this case and all subsequent proceedings arising therefrom.

(2.) In brief, the facts of the case as alleged are, that the marriage was solemnised between Krishan Kumar (petitioner) and the respondent no. 2-complainant (hereinafter referred to as 'respondent no. 2' for short) on 25/2/2001 according to Hindu rites and rituals and out of this wedlock a female child was born. It was alleged in the FIR that after marriage respondent no 2 was subjected to beatings and she was forced to unnatural sexual intercourse and when she denied the same, the petitioner used to extend threats to murder her and to turn her out of the matrimonial house. It is further alleged that on 7/8/2015 she was subjected to forcible unnatural sexual intercourse. She informed her mother about the said abuse and thereafter a panchayat was held. In the said panchayat, her husband declined to rehabilitate her which led to filing of complaint. During investigation, the statement of respondent no. 2 was recorded and she was subjected to medical examination from the Civil Hospital, Fatehabad and consequently a final report was submitted. Aggrieved with the aforesaid FIR and the final report dtd. 9/3/2016 filed under Sec. 173, the instant petition has been filed.

(3.) Mr. Rahul Vats, learned counsel appearing on behalf of the petitioner, contends that the allegations as set out in the FIR are totally false and Ss. 377 and 506 IPC have been invoked only in an attempt to harass the petitioner. It is contended that the marriage between the petitioner and the respondent no 2 had been performed in February 2001 and till the registration of the FIR i.e. on 2/2/2016 no allegations of the respondent no2 being subjected to forcible carnal intercourse against the order of nature had ever been raised. It is further contended that on a previous occasion respondent no 2 had lodged FIR No.24 dtd. 24/9/2015 against the petitioner and his family members under Ss. 323, 406, 506 and 498-A of the IPC and the said FIR had been registered at Police Station Fatehabad, which allegations on investigation had been found to be false and a cancellation report was submitted by the police. In the FIR No.24 registered on 24/9/2015, there was no reference to the commission of the alleged offences under Ss. 377 and 506 of the IPC by respondent No.2. Furthermore, respondent No.2 had filed an application under Sec. 125 of the Code of Criminal Procedure (for short 'the Code') seeking maintenance and even in the said application, no such allegation had been raised. Apart from, instituting proceedings under Sec. 125 of the Code for maintenance, respondent No.2 had also invoked the provisions of the Protection of Women from Domestic Violence Act, 2005 wherein too, there is no mention of allegations that any offence under Ss. 377 and 506 IPC had been committed. In fact, the petitioner herein had filed a petition under Sec. 13 of the Hindu Marriage Act seeking a decree of divorce against respondent no 2, which was duly contested. In the reply filed no allegations regarding the commission of the alleged offences had been raised. Learned counsel for the petitioner also argues that the MLR of the complainant was performed on 2/2/2016 and there were no injuries found over her body thus falsifying the stand. Apart from the aforesaid contentions, learned counsel for the petitioner argues that the statement of the complainant had been recorded in a complaint case filed by the petitioner against the respondent and her family members wherein she had stated that on 6/8/2015, a quarrel had taken place between her and the petitioner and thereafter she had left the house on 6/8/2015 with her father and in case she had left the house on 6/8/2015, there was no occasion for any offence to have been committed as stated on 6/8/2015.