JASPREET KAUR Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) Prayer in this petition filed under Section 482 CrPC is for issuance of directions to respondents no.2 and 3 to register an FIR under Sections 363 , 366 , 506 IPC against respondents no.4 and 5.

(2.) As per the petitioner, respondent no.4 - Harinder Singh is her neighbour and their houses share a common wall. About 4 years back, respondent no.4 scaled the common wall during night and entered in her room, where she was sleeping with her younger siblings. He covered her face and forced himself upon the petitioner and sexually assaulted her. He had threatened the petitioner of dire consequences in case she will disclose this incident to anyone. On another day, when he again tried to cross the common wall, father of the petitioner caught and thrashed him. Thereafter, though respondent no.4 did not trouble her during night, but he started stalking her as and when she struck outside her house along with her friends. In this manner, mostly she was confined to her house, so as to avoid respondent no.4. It is averred that respondent no.4 is a history sheeter and is involved in number of criminal cases. The people in the area are afraid of him due to his anti-social activities. On 29.04.2019 at about 11-00 A.M., the petitioner went to a nearby Lord Shiva temple for worship along with her brother and when her brother went to fetch something, respondent no.4 finding the petitioner alone, suddenly appeared and asked her to accompany him in his car. The petitioner was threatened that in case she will not accompany him, he will kill her brother. Out of fear, the petitioner boarded the car, where two other persons were sitting, one of whom was Kartik Goel, respondent no.5, whereas the other unknown person was driving the car. They have taken the petitioner to Mata Mansa Devi temple, Panchkula, where arrangements of marriage were already made. The Pujari performed their marriage hurriedly. Thereafter, she was taken to Kharar by respondent no.4 in a car being driven by respondent no.5. On 02.05.2019, the petitioner was taken to a lawyer's office in the Court premises at Panchkula and was made to sign some papers including blank sheets. After appearing before the police, the petitioner and respondent no.4 were sent to Safe House for Runaway Couples, where they stayed for about one month till 05.05.2019.

(3.) Learned counsel for the petitioner has argued that the petitioner has not married with respondent no.4 voluntarily. Rather it was all done under duress. She was made to sign some blank papers. The antecedents of respondent no.4 are doubtful. He has a criminal background, as there are other cases pending against him. He has further submitted that an FIR No.136 dated 30.04.2019 under Section 366 IPC was also registered against respondent no.4 at the behest of Bhupinder Singh (father of the petitioner) wherein similar allegations were made against respondent no.4, however, respondent no.4 has not been charged with the appropriate sections, as per the allegations so levelled against him. Therefore, considering the gravity of offence, necessary directions be issued to register an FIR under Sections 363 / 366 / 506 IPC against respondents no.4 and 5 and their accomplices.